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GLEASON    L.    ARCHER 


The 

Educational  Octopus 


A  Fearless  Portrayal  of  Men  and  Events  in   the 
Old  Bay  State,   1906-1915 


By 
GLEASON  I..   ARCHER,  L  L.  B. 
Dean  and  Founder  of  the  Suffolk  Law  School 


Author  of  "The  Law  of  Contracts,"  "The  Law  of  Agency," 
"Ethical  Obligations  of  the  Lawyer,"  "Law  Office 
and  Court  Procedure." 


Boston:  1915 


Copyright  1915 

By 

OLEASON  L.  ARCHER 
All  rights  reserved 


THE   EDUCATIONAL   OCTOPUS 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/educationaloctopOOarchiala 


To  My  Wife 

ELIZABETH  GLENTST  ARCHER 

Whose  loyal  oo-operation  and  tender  sympathy  have  made 

possible  the  successful  termination  of  the  long 

struggle  depicted  in  this  volume. 


FOREWORD. 


In  this  volume  will  be  found  the  humble  and  the 
great,  in  the  engrossing  drama  of  life — sketched  from 
life  itself.  Herein  is  unfolded  the  pitiful  beginning 
and  the  painful  progress  of  an  institution,  too  humble 
at  first  to  attract  the  watchful  eye  of  the  Great 
Octopus;  and  too  mighty  in  the  final  conflict  to  be 
strangled  or  kept  down.  And  unfolding,  the  sketch 
reveals,  and  names,  men  great  in  public  affairs  of 
Massachusetts,  as  the  public  never  sees  them,  at  the 
business  of  legislation  under  the  great  dome .  on 
Beacon  Hill. 

The  Great  Octopus  is  there  with  its  crimson  tenta- 
cles reaching  from  Committee  Room  to  Committee 
Room,  from  the  halls  of  legislation  to  the  Governor's 
office,  playing  its  pawns  in  the  great  game  of  legisla- 
tion. 

And  the  searchlight  plays  not  only  upon  the  heights 
of  Beacon  Hill;  but  over  the  State  itself  and  dis- 
closes who  controls  our  public  schools,  and  why ;  who- 
controls  our  State  Boards  and  all  things  educational 
in  Massachusetts,  to  the  furtherance  of  class  distinc- 
tions that  even  now  threaten  the  life  of  the  Republic. 


t4\JL^C^4VU    t\.  KAy^tAuUK — -^ 


45  Mt.  Vernon  St., 

Boston,  Mass. 
Dec.  I,  1915. 


TABLE  OF  CONTENTS 


Chapter 

I.  The  Proximate  Cause. 

II.  A  Momentous  Decision. 

III.  Enrolling  My  First  Students. 

IV.  My  First  Law  Lecture. 
V.  Tribulations. 

VI.  A  Barrier  Cleared. 

VII.  Preparation  for  Bar  Examinations. 

VIII.  The  Last  Barrier. 

IX.  I  Prepare  to  Found  the  School. 

X.  The  Humble  Beginning. 

XL  The  School's  First  Year. 

XII.  A  Conference  with  My  Students. 

XIII.  A  Crisis  in  the  School. 

XIV.  The  Fateful  Summer  of  1907. 
XV.  A  Student  Mutiny. 

XVI.  School  Finances,  Real  and  Apparent. 

XVII.  The  School  Wins  Friends  and  Free  Advertising. 

XVIII.  Assailed  by  Suffragettes. 

XIX.  The  First  Lawyer  from  Our  School. 

XX.  The  Good  Samaritan. 

XXI.  A  Great  Boom  for  the  School. 

XXII.  My  First  Law  Writing  and  the  Traveler  Contest. 

XXIII.  Hostility  of  Boston  University. 

XXIV.  Removal  to  Tremont  Temple. 
XXV.  Y.  M.  C.  A.  Ethics. 

XXVI.  My  First  Law  Book. 

XXVII.  A  Year  of  Tribulations. 

XXVIII.  A  Student  Revolt. 

XXIX.  My  Second  Law  Book. 


TABLE  OF  CONTENTS 


Chapter 

XXX.  Low  Water  Mark. 

XXXI.  The  Resurrection  of  Hope. 

XXXII.  An  Attempted  Consolidation. 

XXXIII.  The  Winter  of  191 1. 

XXXIV.  A  New  Lease  of  Life. 

XXXV.  The  School  Votes  to  Petition  the  Legislature. 

XXXVI.  Strengthening  the  Line-up. 

XXXVII.  Enter  Joe  Parks. 

XXXVIII.  The  Legislative  Contest  Opens. 

XXXIX.  The  Octopus  Shows  Its  Head. 

XL.  Victory  in  Committee. 

XLI.  The  First  Great  Debate  in  the  House. 

XLII.  Lively  Lobbying. 

XLIII.  A  Double  Shuffle. 

XLIV.  Victory  in  the  Senate. 

XLV.  The  Bill  Goes  to  Governor  Foss. 

XL VI.  Veto  and  Defeat. 

XL VII.  Preparing  for  the  Second  Legislative  Contest. 

XLVIII.  The  Bar  Association  Investigation. 

XLIX.  The  Board  of  Education's  "Investigation." 

L.  Before  the  Committee  on  Education,  1913. 

LI.  The  Bill  Passes  the  Leg^islature. 

LII.  The  "Pleasant  Easter"  Episode. 

LIII.  "Pitiless  Publicity." 

LIV.  A  Jolt  for  the  Joker. 

LV.  The  Governor  at  Bay. 

LVI.  Exit  Governor  Foss. 

LVII.  The  Great  Victory. 

LVIII.  Massachusetts  and  Its  Master. 


CHAPTIlR  I. 

The  Proximate  Cause. 

The  writing  of  this  chronicle  of  a  school  for  the  train- 
ing of  the  sons  of  the  working  man,  and  how  it  encounr- 
tered  the  Educational  Octopus  that  controls  all  things 
educational  in  Massachusetts,  has  rendered  necessary 
the  projection  of  the  personality  of  the  author  to  a 
greater  degree  than  would  be  called  forth  by  the  ordi- 
nary history.  As  in  the  case  of  the  historian  of  ancient 
days,  I  am  describing  events  "all  of  which  I  saw  and  a 
part  of  which  I  was,"  for  as  founder  and  Dean  of  the 
school  the  brunt  of  things  necessarily  devolved  upon  me. 

Could  all  the  intimate  history  of  the  Suffolk  Law 
School  from  its  very  inception  to  the  present  moment, 
its  humble  beginning',  its  long  and  labored  struggle  up- 
ward in  the  face  of  powerful  opposition,  and  its  final 
triumph,  be  fairly  set  forth  that  all  may  read,  the  nar- 
rative would  prove  to  be  one  of  surpassing  interest. 
Ten  years  is  a  short  time  in  the  eyes  of  men  when  it  is 
looked  back  upon,  and  perhaps  altogether  too  brief  to 
allow  a  proper  appraisement  of  all  the  varying  in- 
cidents that  go  to  make  up  that  interval  of  history. 

There  is  no  fact  of  life  more  apparent  to  man  than 
the  wonderful  way  in  which  a  trifling  incident  of  every 
day  life  sometimes  marks  the  turning  point  of  one's 
whole  existence.  Yet  at  the  time  it  occurred  it  was 
merely  a  trifling  incident  of  no  more  apparent  im- 

II 


THE  EDUCATIONAL  OCTOPUS 

portance  than  any  other  that  preceded  or  succeeded  it, 
and  had  we  not  taken  advantage  of  the  opportunity 
thus  afforded  we  doubtless  would  never  have  realized 
that  it  possessed  the  slightest  significance  to  our  lives. 
But  looking  back  through  the  vista  of  time,  its  true 
significance  stands  revealed  and  we  know  the  happen- 
ing to  have  been  the  point  of  departure  from  the  direc- 
tion in  which  our  lives  had  hitherto  been  moving. 

For  this  reason,  perhaps,  the  incident,  trifling  though 
it  may  seem,  that  brought  about  the  eventual  founding 
of  the  Suffolk  Law  School  stands  forth  in  my  memory 
as  one  of  the  most  vivid  of  my  life.  Should  I  live  ever 
so  long  I  can  never  forget  that  scene  in  Room  826  of 
the  Old  South  Building,  Boston. 

It  occurred  sometime  in  the  early  part  of  October  in 
the  year  1905.  I  was  then  beginning  my  second  year 
at  Boston  University  Law  School,  but  hoping  to  grad- 
uate a  year  ahead  of  my  class  (which,  by  the  way,  I 
accomplished),  I  was  taking  the  subjects  of  Real 
Property,  Equity,  Bills  and  Notes,  Corporations.  Evi- 
dence, Wills,  Pleading  and  Practice,  not  to  mention  a 
few  other  subjects,  and,  naturally,  I  expected  to  be 
busy  both  day  and  evening. 

It  will  be  granted,  therefore,  by  anyone  who  has 
studied  the  difficult  subjects  that  I  have  enumerated, 
that,  to  use  the  language  of  the  street,  I  was  "some 
busy." 

On  this  particular  afternoon  in  the  Autumn  of  1905 
I  was  seated  at  a  roll  top  desk  by  the  window  in  Room 
826  of  the  Old  South  Building  studying  my  lecture 
notes,  (I  used  to  study  there  quite  a  bit  while  keep- 
ing the  office  open),  when  Hugh  A.  Quinn  of  Woburn, 

12 


THE  PROXIMATE  CAUSE 

the  owner  of  the  aforesaid  roll  top  desk,  entered  the 
office. 

He  was  and  is  a  young  man  of  keen  intellect,  and  we 
had  often  conversed  on  various  legal  topics.  When- 
ever anything  came  under  his  observation  that  in- 
volved a  point  of  law,  he  usually  asked  me  about  it, 
and,  like  all  law  students,  I  was  glad  indeed  to  air — 
I  was  about  to  say,  my  knowledge,  but  will  substitute 
the  word  "understanding"  of  the  law  that  governed  it. 

On  this  afternoon,  we  got  into  a  discussion  of  the 
law  of  "Contracts,"  and  it  may  be  that  my  explanation 
seemed  to  him  particularly  lucid,  for  as  a  result  of  it 
he  said  to  me : 

"Mr.  Archer,  I  wish  I  could  study  law.  I've  always 
had  a  hankering  for  law.  Why  can't  you  teach  me? 
I'd  be  glad  to  pay  you  for  it,  and  I  know  a  young  fel- 
low that  I  think  would  like  to  study  with  me," 

To  say  that  I  was  amazed  at  the  proposition  was  to 
put  it  mildly.  It  seemed  that  I  had  already  more  work 
before  me  than  I  could  ever  hope  to  accomplish  during 
the  school  year.  So  I  tried  to  evade  the  issue  by  sug- 
gesting that  he  go  to  the  Y.  M.  C.  A.  Law  School  if  he 
couldn't  get  time  for  study  during  the  day. 

"No,"  he  replied,  "I  have  investigated  that  and  I 
know  that  I  can't  stand  the  strain,  for  I  am  working 
too  hard.  One  or  two  evenings  a  week  would  be  all 
that  I  could  stand." 

I  pondered  over  it.  I  explained  to  him  the  great 
amount  of  work  that  I  was  undertaking — and  I  turned 
him  down. 

But,  it  may  be  objected :  "How  can  this  be  the  in- 
ception of  the  SuflFolk  Law  School?"  It  was,  never- 
theless. Although  I  did  not  grasp  opportunity  by  the 
forelock  when  it  met  me,  yet  I  did  catch  it  by  the  fet- 
lock before  it  got  away. 

13 


THE   EDUCATIONAL   OCTOPUS 


CHAPTER  II. 

A  Momentous  Decision. 

It  was  my  custom  while  a  student  in  Boston  to 
study  very  diligently,  taking  little  of  the  relaxation  or 
recreation  that  most  young  men  think,  and  perhaps 
rightly,  to  be  necessary  to  their  physical  well  being.  I 
never  frequented  places  of  amusement  nor  even  gym- 
nasiums, and  my  chief  and  practically  my  only  recrea- 
tion was  in  walking  for  brief  periods  whenever  my 
eyes  or  brain  imperatively  demanded  rest. 

My  walking  was  almost  invariably  through  the  Com- 
mon or  Public  Gardens,  occasionally  down  the  central 
park  of  Commonwealth  Avenue,  but  a  favorite  course 
was  down  Beacon  Street  to  a  point  opposite  the  Pub- 
lic Gardens  and  thence  to  the  Charles  River  bank,  then 
quite  different  from  its  present  magnificent  prome- 
nade. 

On  the  evening  after  my  interview  with  Mr.  Quinn, 
I  returned  to  my  room  on  Beacon  Hill,  but  either  sup- 
per or  mental  weariness,  or  both  combined,  prevented 
me  from  pursuing  my  studies  with  any  degree  of  sat- 
isfaction. I  could  not  clearly  see  when  a  "fixture"  was 
a  part  of  the  real  estate  or  when  it  was  not,  and  in 
order  to  remedy  this  mental  astigmatism,  I  gave  over 
studying  for  a  time  and  set  out  for  a  walk, 

I  roomed  on  Myrtle  Street  at  the  time  and,  if  I  re- 
member correctly,  I  walked  up  Joy  Street  and  turned 

14 


A  MOMENTOUS   DECISION. 

down  Mount  Vernon  because  of  a  beautiful  sunset 
glow  in  the  West  that  appeared  to  special  advantage 
through  the  vista  of  trees  of  that  beautiful  street. 
Quite  unconscious  of  the  destiny  that  should  link  me 
with  the  place,  I  passed  45  Mount  Vernon  Street,  the 
present  home  of  the  Suffolk  Law  School. 

If  some  fairy  could  have  bid  me  pause  and  behold 
the  place  and  whispered  in  my  ear  something  that  the 
future  would  unfold,  I  should  have  regarded  the 
building  with  wonder  and  delight,  but  as  it  was,  I 
looked  upon  it  merely  as  one  of  many  of  the  homes  of 
the  "highbrows,"  cold  and  forbidding. 

What  had  I,  a  poor  student  without  a  dollar  to  my 
name,  to  do  with  one  of  the  finest  old  buildings  in  the 
exclusive  section  of  residential  Boston?  So  I  passed 
on  to  Louisburg  Square  and  finally  turned  through 
some  of  the  winding  cross  streets  until  I  gained 
Beacon  Street. 

I  strolled  for  some  time  in  the  brisk  evening  air.  I 
have  no  clear  recollection  of  when  my  thoughts  first 
turned  to  the  incident  of  the  afternoon,  but  turn  to  it 
they  did,  and  before  I  had  retraced  my  way  to  my 
lodgings  I  was  so  completely  dominated  by  the 
thought  of  teaching  law  that,  absurd  as  I  told  myself 
it  was,  I  could  not  refrain  from  mentioning  it  to  my 
brother,  Hiram  J.  Archer,  who  roomed  with  me. 

My  brother  was  also  studying  law,  but  not  at  that 
time  in  law  school.  He  had  recently  undergone  a  long 
tubercular  illness  that  had  so  completely  shattered  his 
health  that  even  to  this  day  he  is  not  a  well  man.  But 
he  was  rooming  Avith  me  and  studying  law,  in  fact,  he 
may  be  termed  my  first  pupil,  for  it  was  largely  from 
my  lecture  notes  and  my  occasional  assistance  that  he 

15 


THE  EDUCATIONAL  OCTOPUS 

SO  far  mastered  the  law  that  he  passed  the  Massachu- 
setts bar  examination  six  months  after  I  did. 

He  was  older  than  I,  and  I  had  great  respect  for 
his  judgment.  I  wonder  even  now  what  would  have 
been  the  fate  of  the  Suffolk  Law  School  if  he  had  dis- 
couraged my  project  while  I  was  yet  uncertain  as  to 
the  course  I  should  pursue.  He  understood  as  well  as 
I  did  the  great  amount  of  work  I  had  mapped  out  for 
the  year,  but  he  caught  the  idea  instantly  and  approved 
of  it  most  heartily. 

By  this  time  I  had  evolved  the  plan  of  trying  to  in- 
duce other  young  men  to  come  into  the  class  and  thus 
make  it  more  feasible  from  every  point  of  view.  It 
afterward  transpired  that  had  I  not  secured  others,  my 
class  would  have  ended  abruptly  within  a  few  weeks 
of  its  formation,  but  a  kindly  Providence  seems  to 
have  directed  my  every  move. 

I  remembered  a  young  man  of  my  acquaintance  who 
had  remarked  in  my  hearing  some  months  before  that 
he  wished  he  could  study  law.  He  worked  in  Boston 
and  the  plan  might  appeal  to  him.  At  any  rate  it 
would  do  no  harm  to  try. 

In  casting  about  for  others  who  might  be  interested 
in  the  plan,  I  bethought  me  of  a  second  cousin  of 
mine,  Carl  Collar,  an  ambitious  young  man  whom  I 
had  tried  to  persuade  to  go  to  Boston  University  Col- 
lege of  Liberal  Arts  the  year  before,  but  who  had  se- 
cured a  responsible  position  with  a  steamship  company 
in  Boston  and  had  given  up  the  idea  of  college.  Know- 
ing him  as  I  did,  I  had  confidence  that  the  plan  would 
appeal  to  him,  and  I  resolved  to  see  him  the  next  day. 

Ponder  as  we  did  upon  it,  my  brother  and  I  could 
not  recall  any  other  men  who  were  likely  prospects. 

i6 


A  MOMENTOUS   DECISION. 

No  way  of  securing  other  men  remained  except  re- 
sorting to  outright  advertising,  which  I  finally  decided 
to  do. 

I  did  very  little  studying  the  balance  of  the  evening 
and  spent  a  wakeful  night  as  I  always  do  -when  any 
immature  plan  is  on  my  mind.  It  may  be  a  common 
experience  of  men  who  do  much  thinking  or  planning, 
but  with  me  until  a  problem  is  thoroughly  worked 
out,  I  can  never  count  upon  a  night's  sleep.  However 
weary  I  may  be  when  I  go  to  bed  and  howeveit 
soundly  I  may  sleep  at  first,  I  am  sure  to  awaken  in 
the  "wee  small"  hours  and  lie  awake  until  the  problem 
is  settled  or  until  morning  comes. 

But  settling  the  problem  does  not  finish  my  mid- 
night cogitations,  for  I  always  find  myself  revolving 
the  plan  again  and  picking  flaws  in  it,  and  looking  at  it 
from  all  angles  until  I  have  settled  the  problem  in  a 
different  way.  More  often  than  not  the  second  solu- 
tion is  no  more  durable  than  the  first.  Many  of  the 
most  successful  features  of  the  work  in  the  Suffolk 
Law  School  and  some  of  the  wisest  plans  I  have  ever 
devised  have  not  been  the  first  solution  but  perhaps  the 
sixth  solution  in  a  given  night. 

For  that  reason  I  have  always  welcomed  such  peri- 
ods of  insomnia  for  the  fruits  they  have  borne,  and  it 
is  quite  safe  to  say  that  no  important  plan  that  I  have 
carried  out  in  the  last  ten  years  has  been  entered  upon 
without  the  tireless  midnight  scrutiny  as  outlined 
above. 

It  is  true  that  I  had  not  the  remotest  idea  at  the  time 
that  the  most  profound  consequences  were  to  flow 
from  that  night's  work,  but  I  nevertheless  involuntar- 
ily devoted  a  large  portion  of  the  night  to  viewing  and 

17 


THE  EDUCATIONAL  OCTOPUS 

reviewing  the  plan,  a  little  conscience-stricken  perhaps 
at  the  occasional  sleepy  admonitions  of  my  brother  to 
"lie  still  and  not  keep  a  fellow  awake  all  night." 

But  when  I  arose  the  next  morning  it  was  with  a 
fixed  determination  to  go  forward  with  the  plan,  what- 
ever the  hazard,  and  however  it  might  add  to  my  bur- 
dens. 


i8 


ENROLLING  MY  FIRST  STUDENTS 

CHAPTER  III. 

Enrolling^  My  First  Students. 

It  has  ever  been  one  of  my  characteristics  to  act 
without  delay  in  putting  into  operation  any  plan  upon 
which  I  have  resolved,  and  my  action  in  this  matter 
was  no  exception  to  the  rule.  Early  that  very  fore- 
noon I  called  upon  Percival  FitzGerald  at  the  store 
in  which  he  worked  and  informed  him  that  I  was 
about  to  start  a  private  class  in  law. 

He  was  the  young  man  to  whom  I  have  referred  as 
having  once  in  my  hearing  voiced  a  desire  to  study 
law.  We  discussed  terms  and  evenings  when  the  class 
would  convene.  Before  I  left  he  agreed  to  come  into 
the  class. 

This  result  was  very  cheering  to  me  and  I  lost  no 
time  in  going  to  the  steamship  office  on  State  Street, 
where  Carl  Collar  was  employed.  My  enthusiasm  pre- 
vailed with  him  also  and  I  hastened  to  hunt  up  Mr. 
Quinn  and  acquaint  him  with  my  change  of  mind. 

He  manifested  considerable  pleasure  and  promised 
to  bring  his  friend  to  see  me  within  a  few  days.  The 
date  for  the  first  meeting  of  the  class  was  fixed  upon. 
When  I  attended  my  regular  lectures  at  the  law  school 
that  day  it  was  with  an  entirely  new  interest  in  the 
methods  of  teaching  of  the  different  professors  under 
whom  I  was  studying. 

The  problem  of  securing  other  students  was  the 
matter  to  which  attention  should  next  be  directed  and, 
after  lectures  that  day,  I  drafted  an  advertisement  an- 
nouncing the  formation  of  a  class  in  "practical  law" 
for  young  business  men,  which  read  as  follows : 

19 


THE  EDUCATIONAL  OCTOPUS 

Beginning  Oct.  17,  class  in  practical  law  for  young 
business  men.  Tuesday  and  Wednesday  evenings. 
One  hour  each.    "B  392,"  The  Post. 

I  received  one  or  two  inquiries  within  the  next  few 
days  and  each  inquiry  I  answered  in  person. 

I  well  remember  a  trip  to  Union  Park  Street  to  fol- 
low up  one  of  them.  The  man  in  question  was  a 
house  painter  and  decorator,  a  thrifty  Norwegian 
named  Ole  M.  Dahl.  I  waited  in  his  shop  for  half  an 
hour  or  so,  before  he  came  in  and  I  studied  him  with 
interest  as  he  finally  returned  in  his  working  garb. 
He  had  ruddy  cheeks  and  a  good  natured  face,  alto- 
gether prepossessing  except  that  his  English  was 
very  faulty. 

"Can  you  learn  me  anything?"  he  finally  demanded 
anxiously.    "Ain't  I  too  old?" 

I  assured  him  that  I  knew  many  students  in  the 
law  school  who  were  older  than  he  and  that  I  be- 
lieved I  could  "learn"  him  something.  As  I  remem- 
ber it,  before  I  left  him  he  agreed  to  attend  and  filled 
out  one  of  the  absurd  little  application  blanks  that  I 
had  just  had  printed,  the  first  person  outside  of  my 
acquaintance  to  become  a  member  of  the  class.. 

I  decided  to  take  up  "Contracts"  as  the  first  sub- 
ject, but  there  was  a  rule  of  the  law  school  against 
using  lecture  notes,  except  personally,  without  the 
consent  of  the  professor  in  whose  course  the  notes 
were  taken.  I  promptly  waited  upon  the  late  Pro- 
fessor George  E.  Gardner,  one  of  the  wisest  and  ablest 
teachers  under  whom  I  had  the  good  fortune  to  sit  as 
a  student,  and  easily  obtained  his  permission  to  use 
the  notes  I  had  taken  in  his  course  in  Contracts  the 
previous  year. 

I  was  now  ready  for  the  opening  lecture  and  within 
ten  days  from  the  inception  of  the  idea  I  had  made 
my  bow  as  a  teacher  of  law. 

20 


MY  FIRST  LAW  LECTURE 


CHAPTER  IV. 

My  First  Law  Lecture. 

Although  I  had  announced  the  opening  as  October 
17th,  yet,  at  the  request  of  several  of  the  men  who 
were  to  attend,  I  changed  the  date  to  Thursday  even- 
ing the  19th,  and  so  altered  my  plans  that  the  work 
should  be  given  on  one  evening  a  week  in  a  two-hour 
session  instead  of  two  sessions  of  an  hour  each  on 
different  evenings. 

When  opening  night  came  I  arranged  to  have  the 
use  of  Room  744  instead  of  Room  826,  because  of 
the  greater  seating  capacity  of  the  former.  There 
were  eight  men  present,  one  of  them  a  visitor,  who 
had  no  intention  of  studying  law,  but  who  roomed 
in  the  house  that  I  did  and  came  because  of  his  in- 
terest in  me. 

The  seven  men  who  had  enrolled  for  the  course 
were  Carl  Collar,  Ole  M.  Dahl,  Percival  FitzGerald, 
Harry  Gk»lden,  Benjamin  W.  Manning,  Hugh  A. 
Quinn  and  Thomas  L.  Talty. 

I  have  never  confronted  a  Freshman  Class  with 
more  trepidation  than  I  did  that  first  little  assembly 
of  men.  Oratory  has  never  been  one  of  my  gifts,  nor 
do  I  deem  it  an  essential  quality  in  a  teacher  of  law. 
Multiplicity  of  words  oftentimes  seriously  interferes 
with  a  clear  presentation  of  a  legal  principle.  It  has 
ever  been  my  policy  to  plunge  directly  into  a  topic 

21 


THE  EDUCATIONAL  OCTOPUS 

without  elaborate  preamble,  and  on  this  first  occa- 
sion I  am  sure  that  I  wasted  no  time  in  introducing 
the  men  to  the  law  of  contracts.  My  enthusiasm  for 
the  subject  (in  which  I  had  won  a  Magna  Cum  Laude 
record  the  year  before)  soon  made  me  forget  my 
stage  fright. 

Before  the  evening  was  over  I  was  handling  the 
lecture  with  real  pleasure  and  feeling  that  at  last  in 
my  teaching  experience  I  had  found  my  proper  sphere. 
But  I  realized  that  it  was  only  an  experiment,  and  I 
wasted  no  thoughts  on  where  it  might  lead  me  in 
the  future,  my  whole  attention  being  absorbed  in 
rendering  clear  and  vivid  the  principles  that  I  had 
determined  as  work  to  be  covered  for  that  evening. 

The  two  hours  passed  swiftly  and  the  men  crowd- 
ed around  me  after  the  lecture,  to  express  their  grat- 
ification in  the  work  of  the  evening  or  to  pay  their 
tuition  or  to  ask  me  again  for  some  word  they  had 
missed  in  the  dictation. 

When  they  had  all  left  me,  I  closed  up  the  office 
and  strolled  to  my  lodgings,  weary  indeed,  but  glow- 
ing with  satisfaction  at  the  obvious  success  of  the 
evening.  I  little  realized  then  that  not  for  three  years 
would  I  derive  a  similar  amount  of  satisfaction  from 
the  opening  evening  of  a  law  course ;  nor  even  that 
there  were  to  be  other  opening  evenings,  and  strenu- 
ous days  to  come. 

But  I  had  made  my  bow  as  a  teacher  of  law  and 
definitely  began  the  teaching  experiments  that  finally 
led  me  to  found  the  Suffolk  Law  School.  I  was  then 
within  ten  days  of  my  twenty-fifth  birthday* 

The  first  lecture  had  furnished  me  with  informa- 
tion as  to  how  much  dictation  could  be  given  in  an 
evening,  and  during  the  week  that  intervened  before 

22 


MY  FIRST  LAW   LECTURE 

the  next  lecture  I  occupied  my  odd  moments  in  cut- 
ting out  certain  portions  of  my  Contracts  notes  and 
in  supplying  the  gap  in  my  own  language. 

I  have  always  had  a  faculty  of  compressing  ideas 
into  brief  compass  and  of  eliminating  the  unnecessary 
words  in  a  sentence.  This  faculty  proved  of  great 
value  to  me  now,  and  I  found  to  my  great  surprise 
and  pleasure  that  I  could  condense  the  notes  I  had 
taken  as  a  student  into  about  one-fourth  their  original 
wording,  still  covering  everything  that  they  did  and 
expressing  each  principle  of  law  in  language  more 
readily  understood  by  the  beginner. 

A  nicely  balanced  sentence  of  great  length,  or  long 
winded  legal  phraseology  may  be  well  enough  in  dic- 
tation to  day  students  who  have  all  the  time  there 
is  at  their  disposal,  but  the  first  thing  I  learned  from 
my  teaching  of  evening  students,  with  little  time  for 
the  lectures,  was  that  it  was  entirely  out  of  place  in 
dictation  to  them. 

As  I  look  back  upon  it  now  I  believe  that  the  suc- 
cess of  the  Suffolk  Law  School  was  largely  due  to 
that  first  year  of  experimentation  while  I  was  tutor- 
ing these  men.  Although  as  some  of  my  classmates 
had  informed  me  it  was  a  very  "nervy"  thing  to 
teach  others  while  myself  a  student,  yet  my  very 
position  as  a  student  and  teacher  gave  me  a  tremen- 
dous advantage  over  the  ordinary  teacher  of  law. 

I  was  in  a  position  to  study  from  the  student's 
standpoint  the  methods  of  many  different  teachers 
of  varying  capabilities  and  varying  methods  of  work. 
Being  of  an  analytical  turn  of  mirid,  I  studied  the 
effect  of  different  methods  of  teaching  upon  myself 
and  classmates.  I  easily  recognized  the  methods  that 
produced  good  results,  and  also  those  that  produced 

23 


THE   EDUCATIONAL   OCTOPUS 

the  opposite.  Whenever  I  discovered  a  particular 
method  in  which  the  course  I  was  myself  taking  was 
faulty,  I  set  about  deliberately  to  remedy  that  defect. 

For  example,  I  had  already  found  that  I  needed 
review  work,  of  which  we  got  none  at  all  in  Boston 
University  Law  School,  and  I  had  even  the  year  be- 
fore gotten  together  a  little  circle  of  classmates  for 
review  work,  I  drawing  up  as  we  went  along  a  com- 
plete set  of  quiz  questions  on  each  subject;  which 
questions  I  propounded  whenever  we  met,  with  the 
result  that  everyone  in  our  little  circle  won  honor 
marks  in  examinations.  When  devising  methods  for 
teaching  I  therefore  incorporated  review  work  in  class 
as  of  equal  importance  with  advance  work. 

There  were  many  ways  in  which  I  profited  greatly 
by  my  dual  position  as  student  and  teacher,  and  be- 
fore the  first  year  of  teaching  was  over  I  had  quite 
definitely  mapped  out  the  methods  of  teaching  that 
liave  rendered  the  Suffolk  Law  School  so  different 
from  other  institutions,  and  so  uniformly  successful. 
They  were  devised  to  meet  the  needs  of  students  by 
•one  who  was  himself  a  student  at  the  time,  and  there- 
fore far  better  able  to  appreciate  those  needs  than 
someone  whose  student  days  were  already  a  thing  of 
the  past. 


24 


TRIBULATIONS 

CHAPTER  V. 

Tribulations. 

There  were  many  other  lessons  that  I  was  to  learn 
during  the  auttimn  of  1905,  besides  those  to  which  I 
have  alluded  in  the  previous  chapter.  One  was  that 
the  enthusiasm  of  men  for  new  experiences,  and  espe- 
cially for  those  that  involve  mental  exertion,  is  some- 
times of  very  uncertain  duration.  Within  three  weeks 
of  the  opening  lecture  I  had  lost  two  students.  Man- 
ning and  Golden ;  but  it  so  happened  that  their  places 
were  immediately  filled  by  two  new  men,  J.  J.  Smith 
and  A.  J.  Enman. 

Further  losses,  however,  reduced  the  ranks  of  the 
little  class.  Singularly  enough,  Mr.  Quinn,  at  whose 
suggestion  the  class  had  been  formed,  was  the  next 
to  drop  out,  and  with  him  his  friend  Talty.  It  was 
therefore  a  most  fortunate  circumstance  that  I  had 
secured  additional  students  beside  Mr.  Quinn  and  his 
friend,  otherwise  the  experiment  would  have  ended 
in  failure  within  six  weeks  of  its  inception. 

But  a  misfortune  of  more  serious  nature  befell  me 
at  this  time,  and  very  nearly  ended  my  life.  The 
combination  of  overwork,  city  air  to  one  who  had 
always  lived  in  the  country,  and  above  all,  improper 
food  in  quick  lunch  restaurants,  had  so  weakened  me 
physically  that  whenever  I  caught  the  slightest  cold 
it  developed  into  acute  bronchitis. 

25 


THE  EDUCATIONAL  OCTOPUS 

In  November  I  was  stricken  with  this  malady,  and 
was  obliged  to  substitute  my  brother  Hiram  as 
teacher  of  my  class.  I  grew  steadily  worse  until  my 
life  was  so  far  despaired  of  that  they  sent  for  my 
fiancee  to  come  to  Boston  if  she  wished  to  see  me 
alive.  Needless  to  say,  she  came,  and  her  visit  and 
care  aided  materially  in  bringing  me  through  the 
crisis. 

I  recovered,  after  nearly  a  month  of  illness,  and  I 
wonder  now  how,  in  my  weakened  condition,  I  had 
the  courage  to  attempt  to  make  up  all  the  work  I  had 
missed  at  the  Law  School,  for  it  must  be  remembered 
that  I  was  taking  two  years'  work  in  one,  and  I  had 
therefore  lost  the  equivalent  of  two  months'  work. 

But  kind  classmates  loaned  me  notebooks,  and  dur- 
ing the  Thanksgiving  holidays  I  visited  at  the  home 
of  my  fiancee  in  Gilbertville,  Mass.,  where  her  father 
(Rev.  Henry  S.  Snyder)  was  then  preaching.  To- 
gether she  and  I  copied  the  back  notes,  and  I  re- 
turned to   Boston  with  renewed  courage. 

But  fate  had  not  finished  with  me.  There  was 
an  even  more  grievous  trouble  to  befall  me.  As  I 
sat  in  lecture  at  the  law  school  on  December  5th, 
1905.  a  telegram  was  placed  in  my  hand,  telling  me 
that  my  mother,  from  whom  I  had  just  received  a 
cheery  letter,  was  dying  in  the  far-off  backwoods 
town  in  Maine,  where  I  was  bom. 

This  day  was  but  the  second  day  that  I  had  been 
able  to  attend  the  law  school  after  my  long  illness,  and 
my  friends  told  me  that  it  was  suicide  in  my  weak- 
ened condition  to  take  the  long  trip  through  the  bit- 
ter cold,  but  there  was  a  voice  calling  me  stronger 
than  any  voice  of  reason  or  prudence. 

I  notified  the  students  that  I  could  not  meet  with 

26 


TRIBULATIONS 

them  that  Thursday  evening',  and  my  brother  and  I 
set  out  for  home  by  the  first  train,  telegraphing  ahead 
to  Bangor  for  a  team  that  could  stand  a  thirty-five 
mile  dash  into  the  country. 

We  rode  all  night,  reaching  Bangor  at  two  o'clock 
in  the  morning.  The  team  was  awaiting  us,  but  we 
found  before  we  had  driven  five  miles  into  the  bleak 
country  that  the  horse  was  a  decrepit  creature,  with- 
out speed  or  endurance.  We  got  off  the  road  in  the 
darkness,  but  found  it  again  and  plodded  on  until 
mid-forenoon,  when  we  met  a  man  who  knew  our 
family,  and  had  gotten  word  by  telephone  that  very 
morning  that  mother  was  dead. 

We  completed  our  sad  journey,  and  after  the 
funeral  I  returned  to  Boston  and  plunged  into  my 
work  more  desperately  than  ever. 


27 


THE   EDUCATIONAL   OCTOPUS 


CHAPTER  VI. 

A  Barrier  Cleared. 

One  other  man  dropped  out  during  the  winter  term, 
leaving  but  four  men  in  the  class,  and  these  four  re- 
mained throughout  the  year.  Two  of  them,  Carl 
Collar  and  Ole  M.  Dahl,  afterwards  completed  the 
course  in  the  Suffolk  Law  School. 

It  must  have  been  about  midwinter  that  I  began 
definitely  to  consider  the  advisability  and  practica- 
bility of  enlarging  upon  my  venture  and  founding  a 
regular  evening  law  school.  I  had  put  my  theories 
to  the  test,  and  the  success  of  them  was  clearly  man- 
ifest in  the  progress  that  my  pupils  were  making  in 
the  difficult  subject  of  Contracts.  These  theories  of 
teaching  were  new  and  original  in  many  respects, 
and  this  I  felt  justified  me  in  continuing  the  venture. 

My  brother  was  taken  into  consultation,  and  he 
agreed  with  me  in  my  conclusion.  I  thereupon  an- 
nounced to  my  pupils  that  I  should  continue  the  work 
the  following  year. 

But  I  realized  that  if  I  was  to  continue  and  attempt 
to  found  a  regular  school  thiere  were  two  very  im- 
portant things  for  me  to  accomplish ;  the  first  to  win 
my  law  degree  in  June,  and  the  second  to  pass  the 
Massachusetts  Bar  Examinations  in  July. 

To  plan  was  to  act,  and  as  soon  as  the  January  ex- 

28 


A   BARRIER  CLEARED 

aminations  had  been  heard  from,  I  called  upon  Secretary 
J.  Merrill  Boyd  and  told  him  that  I  was  a  candidate  for 
graduation. 

Now  it  was  the  usual  thing  for  a  man  who  was 
to  take  the  three  year  course  in  two  years  to  have 
taken  Bills  and  Notes  in  addition  to  the  Freshman 
work  during  the  first  year.  This  I  had  not  done  be- 
cause of  the  fact  that  I  had  had  a  great  deal  of  trouble 
with  my  eyes  while  in  college  and  had  undergone  two 
operations  during  the  summer  prior  to  entering  the 
law  school.  I  was  therefore  uncertain  whether  they 
would  fail  me  or  not,  and  had  not  dared  to  over-tax 
them  by  taking  Bills  and  Notes  in  addition  to  the  Fresh- 
man courses. 

There  was  a  rule  of  the  school  which  provided  that 
no  person  could  graduate  in  two  years  unless  he  had 
attained  a  ten  per  cent,  higher  average  than  was  re- 
quired of  the  ordinary  three-year  student.  Secretary 
Boyd,  who  was  the  kindest  official  I  had  ever  come 
in  contact  with  in  the  University,  looked  up  my  record 
and  informed  me  that  so  far  as  my  marks  were  con- 
cerned I  was  eligible,  but  that  there  was  still  another 
rule  of  the  University  that  a  man  must  be  a  college 
graduate  in  order  to  be  entitled  to  take  his  law  degree 
in  two  years. 

I  clearly  saw  the  dilemma  I  was  in,  for  I  had  not 
completed  my  college  course,  owing  in  part  to  financial 
circumstances  and  also  to  the  serious  eye  trouble  to 
which  I  have  alluded.  Mr.  Boyd  referred  me  to  Dr. 
Melville  M.  Bigelow,  who  was  then  Dean  of  the  Law 
School,  as  the  only  one  who  could  give  me  a  final 
answer. 

I  lost  no  time  in  invading  the  Dean's  office.     Dr. 

29 


THE  EDUCATIONAL  OCTOPUS 

Bigelow  was  always  a  veiy  kind  and  sympathetic  man, 
and  in  this  case  I  could  clearly  see  that  he  would  help 
me  if  he  could.  But  I  knew  also  that  he  saw  the  ob- 
stacle in  the  way  of  my  graduation,  so  when  he  told 
me  to  continue  with  my  work  and  he  would  see  what 
could  be  done  I  feared  that  he  was  trying  to  be  as 
humane  as  possible,  but  suspected  that,  carrying  all 
the  work  that  I  was,  it  was  inevitable  that  I  should 
flunk  something  and  that  he  would  thus  be  delivered 
from  the  necessity  of  denying  my  plea  to  be  allowed 
to  graduate,  for  that  would  bar  me  automatically. 

I  put  the  question  more  definitely.  I  assured  him 
I  was  going  to  pass  everything,  calling  his  attention 
to  the  high  marks  I  had  gotten  thus  far  in  the  school. 
I  told  him  frankly  why  I  wanted  to  graduate  and  ex- 
plained how  much  depended  upon  it.  He  was  plainly 
troubled  in  his  kind  heart,  but  he  told  me  that  the 
rule  stood  in  my  way  and  that  so  far  as  he  could  then 
see  I  would  have  to  wait  a  year  for  my  degree. 

As  I  was  passing  out  of  the  office  he  added  that  he 
would  consider  it  further  and  help  me  out  if  he  could. 

I  was  quite  disheartened  over  the  prospect,  but  it 
has  always  been  a  habit  of  mine  never  to  give  up  until 
the  last  possibility  has  been  exhausted.  I  passed  a 
sleepless  night  racking  my  brain  in  an  effort  to  devise 
some  means  of  winning  my  degree. 

A  resolve  gradually  shaped  itself  in  my  mind  to  en- 
list in  my  behalf  the  professors  in  both  the  college  and 
law  departments,  who  were  friends  of  mine,  and  I  felt 
that  I  could  count  upon  several  to  urge  my  cause. 
However,  I  did  not  wish  to  resort  to  this  except  as  a 
last  extremity. 

Then  I  hit  upon  a  happy  idea.    While  still  in  col- 

30 


A   BARRIER  CLEARED 

lege,  I  had  taken  the  subject  of  Sales  in  the  Law 
School.  I  knew  that  Dean  Bigelow  delighted  in  fine 
and  technical  distinctions,  so  I  resolved  to  argue  my 
case  afresh,  having  due  regard  to  technical  distinc- 
tions. 

I  wrote  him  a  long  letter,  urging  that  the  two-year 
rule  did  not  apply  to  me,  for  I  had  been  enrolled  in  the 
law  school  more  than  two  years.  I  further  argued  that 
I  was  neither  a  two-year  man  nor  yet  a  three-year  man, 
hence  that  the  trustees  had  never  provided  a  rule  to 
fi^t  my  case.  That  being  true,  it  was  an  occasion  in 
which  he  was  free  to  exercise  his  discretion.  I  recited 
again  my  reasons  for  desiring  the  degree  in  June,  1906, 
and  ended  by  telling  him  that  if  he  still  felt  doubtful 
over  my  case  I  would  like  the  privilege  of  having  some 
of  my  friends  talk  to  him  on  the  subject. 

But  the  letter  accomplished  all  that  I  desired  and  I 
immediately  received  word  from  Dean  Bigelow  that  I 
should  have  my  degree,  provided  that  I  passed  in  all 
the  second  semester  examinations. 

I  was  very  happy  over  this  decision ;  but  I  realized 
that  the  battle  was  not  entirely  won,  for  a  failure  in 
examinations  would  defeat  my  purpose.  In  addition  to 
all  that  I  was  doing,  there  was  a  thesis  to  prepare,  and 
this  had  to  be  based  upon  original  research  work. 

In  the  course  of  a  few  weeks  I  had  written  my 
thesis,  when  all  my  plans  came  near  to  being  frus- 
trated by  my  old  enemy  bronchitis.  My  illness  came 
about  in  this  way.  About  the  middle  of  April,  igo6, 
I  was  commissioned  by  the  trustees  of  an  estate  in 
Boston  to  go  to  the  southern  part  of  Ohio  and  inves- 
tigate a  tract  of  land  owned  by  the  estate,  said  to  be 
in  a  productive  gas  and  oil  region,  but  concerning 

31 


THE   EDUCATIONAL  OCTOPUS 

which  they  could  obtain  no  trustworthy  information. 

I  made  the  trip,  and  a  wonderful  trip  it  was  for  me, 
never  before  having  been  out  of  New  England.  I  se^ 
cured  the  information  and  returned  with  samples  of 
oil  from  adjoining  properties.  But  pressure  of  time 
had  made  necessary  explorations  during  a  rainstorm 
which  occurred  while  I  was  in  Ohio,  and  I  took  a 
severe  cold  which  resulted  in  the  inevitable  bronchitis. 

It  was  usually  a  matter  of  a  few  days  before  the 
malady  reached  its  height,  so  I  managed  to  take  one  or 
two  senior  special  examinations  immediately  after  my 
return  from  Ohio.  I  then  succumbed  to  the  inevitable 
and  spent  about  two  weeks  in  the  Newton  Hospital, 
where  I  had  been  very  ill  with  bronchitis  several  times 
before. 

Some  people  have  an  idea  that  a  bad  cold  in  the 
chest  is  bronchitis,  but  acute  bronchitis  is  a  very  dif- 
ferent thing.  With  me  it  usually  began  in  the  throat 
and  spread  and  thickened  until  my  bronchial  tubes 
were  so  congested  that  I  breathed  with  great  diffi- 
culty, developed  a  high  fever  and  a  brain-splitting 
headache,  with  an  inability  to  take  nourishment  for 
days  at  a  time. 

This  was  the  plague  that  fell  upon  me  when  I  should 
have  been  preparing  for  or  taking  my  senior  special 
examinations.  I  suppose  I  might  have  been  justified 
in  feeling  that  I  had  been  hopelessly  beaten  in  my 
fight  for  my  degree,  but  instead,  as  soon  as  I  was  able 
to  sit  up,  I  wrote  to  Dean  Bigelow  telling  him  of  my 
predicament,  and  asking  the  privilege  of  taking,  in  the 
hospital,  the  examinations  that  I  was  missing. 

Promptly,  from  the  Dean's  office,  came  a  very  kind 
and  sympathetic  letter,  assuring  me  that  I  would  be 

32 


A  BARRIER  CLEARED 

allowed  to  make  up  all  the  examinations  I  had  missed 
whenever  I  was  able  to  leave  the  hospital. 

He  was  true  to  his  word.  I  passed  all  my  examina- 
tions. It  was  a  proud  and  happy  day  for  me  when  I 
received  my  degree  on  June  5th,  1906,  with  my  brother 
and  aunt  and  fiancee  gracing  the  occasion.  I  had  won 
the  first  of  the  two  barriers  that  stood  in  the  way  of 
launching  the  school  in  September.  There  remained 
now  only  to  pass  the  bar  examinations. 


33 


THE   EDUCATIONAL   OCTOPUS 

CHAPTER  VII. 

Preparation  for  Bar^  Examinations. 

The  balance  of  the  month  of  June,  1906,  was  devoted 
to  a  variety  of  labors,  but  my  chief  occupation  w^as 
that  of  reviewing  my  entire  law  school  course,  in 
preparation  for  the  bar  examinations.  I  also  com- 
pleted the  teaching  of  the  subject  of  "Contracts,"  to 
my  little  class,  giving  them  their  final  examinations 
June  2 1  St,  1906. 

It  is  interesting  to  note  that  the  total  tuition  receipts 
for  the  year's  work  was  $126.80,  or  an  average  of  $4.09 
a  week,  certainly  not  such  a  sum  as  would  have 
tempted  any  man  to  embark  in  the  enterprise  I  was 
contemplating  if  financial  considerations  were  the  only 
inducement. 

The  month  of  June  was  memorable  for  another 
reason — a  salaried  position  in  one  of  the  finest  law 
offices  in  Boston  was  secured  for  me  by  an  influential 
friend.  As  I  shall  have  occasion  to  mention  the  same 
gentleman  at  other  stages  of  this  history,  it  may  be 
well  to  explain  how  it  happened  that  he  became  in- 
terested in  me.  In  order  to  do  so  I  must  take  the 
reader  back  to  a  day  in  early  August  in  the  year  1903. 
I  had  been  working  during  my  vacation  in  a  hotel  on 
the  south  shore  of  Cape  Cod  as  night  clerk  and  watch- 
man. The  wages  had  been  trifling,  $25.  or  so  a  month, 
but  I  was  trying  to  earn  money  for  college  expenses 

34 


PREPARATION  FOR  BAR  EXAMINATIONS 

and  that  seemed  to  be  the  only  employment  that  I 
could  obtain. 

But  while  about  my  duties  in  the  hotel,  storing  away 
some  boxes  in  the  basement,  I  had  tripped  up  in  the 
darkness  and  been  thrown  to  the  rough  cement  floor, 
mashing  very  severely  the  ligaments  of  my  left  knee. 
For  a  time  it  appeared  that  the  bones  were  fractured. 

After  several  days  of  agony  during  which,  on 
crutches,  I  grimly  stuck  to  my  work,  I  was  forced  to 
leave  for  Boston,  in  the  hope  of  getting  into  the  Massa- 
chusetts General  Hospital.  It  never  rained  harder 
than  that  morning  when  I  took  the  stage-coach  for  the 
railroad  station,  but  never  did  the  guiding  hand  o£ 
Providence  lead  me  more  obviously  than  on  this  oc- 
casion. 

Half  a  mile  from  the  hotel,  the  driver  called  at  a 
cottage  and  took  on  another  passenger,  a  prosperous- 
appearing  middle-aged  man,  with  one  of  the  most 
genuinely  sympathetic  and  noble  countenances  of  any 
man  I  had  ever  met. 

It  was  George  A.  Frost,  the  manufacturer  of  the 
world  celebrated  "Boston  Garter."  I  had  never  seen 
him  before,  and  was  in  too  great  misery  to  regard  him 
with  any  degree  of  interest.  But  my  obvious  suffering 
aroused  his  sympathy,  and  he  questioned  me  concern- 
ing its  cause. 

Such  was  the  magnetism  of  the  man,  that  before  we 
had  reached  the  railroad  station  I  had  told  him  much 
of  my  story,  of  the  struggle  I  had  made  for  an  educa- 
tion and  of  my  lifelong  ambition  to  be  a  lawyer, 

I  had  read  in  fairy  stories  of  wonderful  good  for- 
tunes that  had  befallen  young  men  in  times  of  mortal 
need,  but  never  did  I  expect  to  see  it  enacted  in  my 

35 


THE   EDUCATIONAL   OCTOPUS 

own  life.  My  "fairy  story"  is  too  extensive  and  too 
wonderful  to  be  told  in  this  connection,  but  from  the 
day  of  that  chance  meeting  in  the  stagecoach  to  the 
day  I  graduated  from  the  law  school,  George  A.  Frost 
stood  sponsor  for  me  financially,  beginning  his  three 
years  of  assistance  by  sending  me  to  a  private  hospital, 
furnishing  a  skillful  surgeon,  who  saved  me  from  life- 
long lameness,  and  providing  every  comfort  that  could 
have  been  furnished  by  the  most  indulgent  father. 

And  ever  thereafter  it  was  not  a  question  with  him 
of  how  much  I  would  ask  for  in  the  way  of  financial 
aid,  but  how  much  he  could  persuade  me  to  accept,  for 
I  continued  my  frugal  ways  of  living,  even  to  the  ex- 
tent of  under-nourishment  and  resulting  illness. 

What  would  have  been  my  fate  had  I  not  met  this 
man  is  difficult  to  conjecture,  but  it  is  safe  to  say  that 
the  Suffolk  Law  School  would  never  have  been  found- 
ed, and,  as  will  be  seen  later  in  this  narrative,  could 
never  have  survived  in  its  early  days  had  it  not  been 
for  George  A.  Frost. 

But  in  June,  1906,  he  rendered  another  great  serv- 
ice to  me  by  securing  for  me  a  position  with  Carver 
&  Blodgett,  at  28  State  Street,  Boston ;  dependent  of 
course  upon  my  passing  the  bar  examinations.  Mr. 
Frost  had  thus  fulfilled  the  promise  made  to  me  in 
September,  1903,  that  if  I  proved  myself  worthy,  he 
would  see  me  through  school  and  established  in  my 
profession. 

During  the  month  of  June  also  I  was  busy  mapping 
out  the  next  year's  plans.  I  named  the  new  venture 
"Archer's  Evening  Law  School,"  and  prepared  an 
attractively  printed  four-page  announcement.  Under 
"Methods  of  Instruction"  appeared  this  first  announce- 

36 


PREPARATION   FOR  BAR  EXAMINAITIONS 

ment  of  the  basic  principles  upon  which  the  school 
was  founded. 

"The  substance  of  every  lecture  is  given  in  dictated 
notes,  with  citations  of  authorities.  The  important 
principles  are  re-emphasized  at  every  succeeding  lec- 
ture by  thorough  oral  quizzes;  and  by  written  prob- 
lems, assigned  each  time,  the  answers  to  be  brought 
into  the  class  in  writing  at  the  next  succeeding  lecture. 
This  continual  re-emphasizing  of  the  maxims  and  prin- 
ciples already  covered  by  the  lectures  enables  even 
the  busiest  person  to  acquire  a  thorough  grasp  of  the 
subject  from  the  class  room  exercises  alone." 

Students  in  the  Suffolk  Law  School  will  realize  that 
we  have  since  added  written  quizzes  in  class  and  some 
other  important  practical  features  of  work,  but  all 
will  recognize  this  first  announcement  as  a  clear  state- 
ment of  the  basal  feature  of  the  school  work. 

Busy  as  I  was,  I  must  have  felt  that  I  still  had 
leisure  for  other  things,  for  I  prepared  a  set  of  lecture 
notes  on  "Agency"  to  be  used  in  the  school  the  next 
fall,  also  a  set  of  lecture  notes  on  "Sales."  It  is  inter- 
esting to  note  that  the  first  course  I  prepared, 
"Agency,"  has  continued  to  be  used  practically  un- 
changed in  form  to  this  day,  for  when  I  ceased  teaching 
the  subject  personally,  I  turned  over  my  lecture  notes 
to  Mr.  Douglas  who  has  used  them  since.  They  will 
be  succeeded  in  the  coming  year  by  my  new  text  book 
on  Agency,  but  no  other  course  which  I  prepared  that 
summer,  except  Criminal  Law,  has  survived  un- 
changed for  so  lengthy  a  period. 

The  launching  of  the  school  now  hinged  upon  my 
success  in  the  bar  examinations,  as  well  as  did  my 
position  with  Carver  &  Blodgett.     But  there  was  an- 

37 


THE   EDUCATIONAL  OCTOPUS 

other  event  in  my  life  that  also  depended  upon  my 
success,  the  supreme  event  in  any  man's  life — mar- 
riage. 

For  over  three  years  I  had  been  betrothed  to  Miss 
Elizabeth  G.  Snyder.  We  had  resolved,  at  the  time  of 
my  graduation  from  the  Law  School,  that  if  I  suc- 
ceeded in  passing  the  bar  examinations  that  summer! 
we  would  marry  in  October. 

I  was  aware  that  the  majority  of  men  who  took  the 
bar  examinations  failed  in  the  first  attempt  and  often 
in  the  second  also,  but  so  much  depended  upon  it  that 
I  had  resolved  to  pass  in  the  first  attempt,  with  the  re- 
sult to  be  seen  in  the  next  chapter. 


38 


THE  LAST  BARRIER 


CHAPTER  VIII. 

The  Last  Barrier. 

It  was  a  very  hot  and  sultry  day  Avhen  the  large 
bcxiy  of  young  men  gathered  in  a  High  School  building 
on  West  Newton  Street  for  the  State  Bar  Examina- 
tions. All  details  of  the  seating  of  candidates  had  been 
prearranged,  so  it  was  merely  necessary  to  take  the 
seats  allotted  to  us  in  alphabetical  order.  Upon  each 
desk  lay  official  examination  books.  Promptly  at  nine 
o'clock,  we  received  our  examination  questions  for  the 
forenoon  session. 

I  read  my  questions  through  carefully  and,  at  the 
first  reading,  it  seemed  that  I  could  not  answer  half 
of  them.  But  I  had  steeled  myself  for  the  ordeal,  and 
I  set  about  the  task  with  careful  deliberation.  Since 
there  were  fifteen  questions  I  must  average  one  an- 
swer every  twelve  minuties  in  order  to  finish  by  twelve 
o'clock.  But  there  were  some  questions  that  I  knew 
I  could  not  answer  in  so  short  a  time,  while  there  were 
others  that  I  could  answer  readily. 

I  hit  upon  a  solution  that  I  should  strongly  advise 
for  other  men  in  a  similar  plight.  I  answered  the  easy 
questions  first,  (for  each  question  had  a  certain 
amount  of  space  allotted  to  it  by  number),  and  in  this 
way,  cleared  away  a  goodly  number  of  the  questions 
in  the  first  hour. 

39 


THE   EDUCATIONAL  OCTOPUS 

To  my  relief,  I  found  that  questions  at  first  seeming- 
ly outside  of  any  principle  of  law  that  I  had  ever  read 
were,  after  all,  possible  of  solution  by  analogy  with 
certain  fundamental  principles.  It  is  probably  true 
that  I  answered  some  questions  very  wide  of  the  mark, 
but  at  five  minutes  of  twelve  I  had  answered  every 
question  on  the  forenoon  paper. 

The  heat  of  the  day  had  been  very  oppressive  in- 
doors, but  the  sun  was  fairly  scorching  the  streets 
when  I  left  the  building  for  lunch.  I  walked  up  Tre- 
mont  Street  to  School  Street  in  order  to  work  oil  the 
nervous  tension  under  which  I  was  laboring;  ate  a 
frugal  meal  in  a  dairy  lunch ;  rested  half  an  hour  at  the 
office  in  the  Old  South  Building,  and  returned  to  the 
examination  building  for  the  afternoon  ordeal. 

We  began  at  two  o'clock.  The  afternoon  was  a 
repetition  of  the  morning  so  far  as  my  experiences  and 
methods  of  work  were  concerned.  Again  I  answered 
every  question  and  was  leaving  the  building  when  the 
gongs  rang  to  end  the  afternoon  session. 

I  had  done  my  best,  and  I  felt  that  my  chances  of 
passing  were  reasonably  secure.  But  I  had  learned 
enough  from  other  men  who  had  taken  the  examina- 
tions to  know  that  the  ways  of  the  bar  examiners  were 
past  finding  out,  and  that  no  man  could  be  sure  of 
success  until  notified  of  the  result. 

Subsequent  observation  has  confirmed  me  in  this 
opinion,  for  in  the  case  of  my  own  students  I  have  so 
often  seen  the  brilliant  student  flunk  and  the  dull 
student  pass  that  I  have  given  up  the  habit  of  fore- 
casting even  to  myself  the  result  of  a  bar  examination. 

I  remember  two  of  my  own  students  in  particular 
who  took  the  same  examination.    One  had  completed 

40 


THE  LAST  BARRIER 

his  four-year  course  with  a  splendid  record,  the  other 
had  taken  only  three  years  of  work  and  had  found 
great  difficulty  in  passing  the  school  examinations  up 
to  that  point.  I  felt  confident  at  the  time  that  the 
first  man  had  ten  chances  to  the  other  man's  one,  but 
the  second  man  passed  and  the  other  flunked. 

I  have  often  thought  that  more  attention  should  be 
paid  to  the  school  record  of  applicants  for  admission 
to  the  bar,  but  schools  are  called  upon  merely  to  say 
that  a  man  passed  his  school  examinations,  without 
specifying  whether  his  rank  was  seventy-five  per  cent., 
or  ninety-five  per  cent.  The  bar  examiners  do  not 
meet  the  men  personally,  but  pass  judgment  upon 
them  from  one  examination  in  writing,  whereas  there 
is  available  information  ten  times  more  valuable  which 
they  absolutely  ignore — the  entire  record  that  each  ap- 
plicant from  a  law  school  has  made  during  the  years 
of  his  preparation. 

Immediately  after  the  bar  examinations,  I  took  a 
train  for  Maine  to  spend  a  month  at  my  boyhood's 
home  while  waiting  to  hear  my  fate.  But  I  did  not  go 
there  exactly  for  rest.  If  I  were  to  start  the  school  in 
September  my  lecture  notes  must  be  prepared  during 
the  only  time  that  remained  open  to  me — the  month 
of  July,  for  I  was  to  assume  my  duties  at  Carver  & 
Blodgett's  in  the  second  week  in  August,  provided  my 
name  should  appear  in  the  list  of  lawyers-elect  when 
the  results  of  the  bar  examinations  were  made  known. 

During  the  month  of  July  I  worked  on  the  farm 
more  or  less,  fished,  tramped  through  the  woods,  and 
picked  berries,  but  these  were  only  incidentals,  for  my 
main  purpose  was  centered  on  the  preparation  of  lec- 
ture notes  in  "Contracts"  and  "Criminal  Law." 

41 


THE  EDUCATIONAL   OCTOPUS 

In  three  weeks'  time  I  had  finished  them.  One  day 
as  I  returned  from  a  few  hours'  fishing  trip  with  my 
youngest  brother,  I  found  awaiting  me  the  fateful  let- 
ter. 

It  was  printed,  and  couched  in  formal  language.  I 
read  it  through  twice  before  I  realized  that  I  had 
passed — that  the  last  barrier  had  been  cleared  away 
and  my  life-long  ambition  was  now  to  be  realized! 


42 


I  PREPARE  TO  FOUND  THE  SCHOOL 


CHAPTER  IX. 

I  Prepare  to  Found  the  School. 

I  reported  for  duty  at  Carver  &  Blodg^ett's  the  sec- 
ond week  in  August,  1906,  and  was  at  once  introduced 
to  my  new  duties.  It  is  natural  and  proper  that  the 
member  of  the  office  staff  who  is  least  experienced, 
and  whose  time  is  therefore  of  least  value,  should  be 
given  the  routine  work  that  every  law  office  must 
carry  on.  Copying  legal  documents,  looking  up  rec- 
ords, filing  pleadings  in  court  and  dictating  letters 
in  collection  cases  were  the  chief  duties  that  came  to 
me  at  first. 

But  I  was  quite  disconcerted  day  after  day  by  the 
fact  that  I  was  so  absolutely  ignorant  of  all  practical 
features  of  law  practice.  I  was  well  grounded  in  legal 
theories,  but  knew  no  more  of  how  to  start  a  law- 
suit, or  conduct  it  after  it  was  started ;  how  to  open  a 
case  in  court,  or  to  examine  witnesses,  than  the  office 
boy  who  had  never  studied  law.  I  soon  found  that, 
although  these  things  were  not  taught  in  law  schools, 
yet  they  were  perfectly  well  known  to  every  lawyer 
of  experience.  I  resolved  that  in  my  own  school  these 
practical  matters  should  be  as  carefully  taught  as  the 
theory  of  the  law  itself. 

My  own  experience  as  a  student  and  a  young  prac- 
tioner  had,  therefore,  brought  to  my  attention  another 
weakness   in  the   current  methods   of  teaching  law. 

43 


JHE   EDUCATIONAL  OCTOPUS 

From  this  discovery  resulted  another  of  the  strong 
features  of  the  Suffolk  Law  School.  I  set  about  de- 
liberately to  learn  all  that  I  could  of  the  practical 
side  of  the  law,  whether  it  concerned  my  regular  du- 
ties or  not.  From  this  beginning  resulted,  as  will 
be  later  seen,  my  first  law  book,  which  I  wrote  in  the 
year  1909 — the  only  text  book  to  this  date  that  sets 
forth  the  practical  but  unwritten  customs  of  law 
offices  and  courts. 

On  the  morning  of  August  21st,  1906  I  left  my 
office  duties  long  enough  to  go  to  the  Supreme  Court 
and  be  sworn  in  as  a  lawyer.  The  ceremony  itself 
was  simple  but  very  impressive.  I  am  sure  that  each 
of  us  in  that  large  assembly  of  young  men  who,  with 
upraised  right  hands,  repeated  the  oath  of  the  lawyer, 
did  so  with  a  prayer  of  thanksgiving  to  God  that  we 
were  now  members  of  the  great  and  noble  profession 
of  law. 

From  the  day  I  had  returned  to  Boston  I  had  been 
devoting  my  evenings  to  house-hunting ;  for  I  realized 
that  it  was  no  easy  task  to  locate  apartments  in  which 
I  could  instal  my  bride,  when  October  should  come, 
and  also  that  would  contain  a  room  large  enough  to 
accommodate  the  school.  I  was  aware  that  the  slen- 
der revenue  of  the  school  would  be  very  heavily  taxed 
by  the  hiring  of  an  office  in  Boston,  so  that  the  only 
safe  plan  was  to  establish  a  residence  in  some  conven- 
ient location  where  I  could  also  shelter  the  school 
during  its  infancy. 

I  eventually  located  a  house  at  6  Alpine  Street, 
Roxbury,  in  which  the  first  floor  suited  my  needs  ex- 
actly. It  had  a  fair-sized  front  room,  with  a  bay- 
window  that  overlooked  the  street.  I  could  use  the 
room  for  lecture  purposes,  and  place  in  the  bay-win- 

44 


I  PREPARE  TO  FOimD  JHE  SCHOOL 

dow  transparent  glass  signs  that  would  proclaim 
"Archer's  Evening  Law  School"  to  any  one  who  ap- 
proached the  house  from  either  direction. 

The  bargain  was  struck  with  the  landlord.  The 
glass  signs  were  made  and  installed  and  I  began  to 
accumulate  household  furniture.  I  equipped  the 
school  room  with  light  wooden  assembly  chairs  of  a 
folding  variety,  and  a  flat  topped  mission  office  desk 
for  myself.  During  my  leisure  moments  I  con- 
structed about  two  dozen  desks  of  my  own  invention 
for  the  convenience  of  the  students. 

The  increasing  items  of  expense  now  gave  me  gen- 
uine concern,  for  my  salary  was  small  and  the  money 
that  I  paid  out  for  school  equipment  and  school  ad- 
vertising, with  what  must  be  set  aside  for  rent,  left 
very  little  for  the  furnishing  of  the  domestic  portion 
of  my  apartments. 

I  resolutely  refrained  from  calling  upon  Mr.  Frost 
for  a  loan.  It  was  a  matter  of  pride  with  me  to  dem- 
onstrate that  now  that  I  was  a  lawyer  there  was  no 
necessity  of  assistance  from  anybody. 

But  the  results  of  the  summer  advertising  were 
much  the  more  a  matter  of  concern,  for  very  few 
inquiries  had  come  in.  A  necessity  of  radical  meas- 
ures seemed  apparent.  Aside  from  the  changes  that 
I  made  in  the  advertisements  then  running  in  the 
newspapers,  the  measures  that  I  adopted  were  not 
only  radical  but  also,  as  I  look  at  them  now,  quite 
useless  as  well. 

I  sent  out  a  large  number  of  advertising  folders  to 
men  in  clerical  employment,  taking  their  names  at 
random  from  the  Boston  Directory.  The  only  result 
of  this  labor  was  that  it  bolstered  up  my  hopes  and 

45 


THE   EDUCATIONAL   OCTOPUS 

kept  me  busy  when  I  might  otherwise  have  been 
worrying — a  result  not  altogether  to  be  despised. 

But  in  the  midst  of  my  labors,  when  time  was  so 
valuable,  if  I  was  to  launch  the  school  successfully, 
I  caught  a  severe  cold.  The  inevitable  occurred.  For 
ten  days  I  was  confined  to  my  bed  with  bronchitis. 
My  brother  Hiram  was  living  with  me.  With  what 
attention  he  could  give  me  night  and  morning,  and 
what  hospital  experience  had  taught  me  to  do  for 
myself  I  passed  through  the  ordeal,  a  doctor  visiting 
me  occasionally. 

The  fact  that  I  was  unable  to  carry  on  my  work 
at  Carver  &  Blodgett's  was  of  course  my  chief  est  con- 
cern, but  the  enforced  neglect  of  the  advertising  sea- 
son,— it  was  now  the  early  part  of  September  and  the 
school  was  to  open  in  two  weeks — filled  me  with 
alarm.  For  a  time  I  was  of  course  too  ill  to  worry 
much  about  work  or  advertising,  but  during  the  lat- 
ter part  of  my  illness  some  of  the  prospective  stu- 
dents began  to  call  at  the  house  in  the  evening  to  ask 
questions. 

Mr.  George  A.  Douglas,  who  later  entered  the 
school  and  is  now  a  member  of  the  faculty,  was  one 
of  those  who  called  at  this  time.  As  I  was  too 
ill  to  see  him,  my  brother  met  him.  From  where  I 
lay,  some  of  the  conversation  could  be  overheard. 
He  did  not  register,  however.  All  students  who  have 
taken  "Criminal  Law"  and  "Agency"  under  Mr. 
Douglas  will  readily  understand  why,  without  having 
seen  him,  I  gained  the  impression  from  his  voice  that 
he  was  a  very  large  man. 

When  I  was  able  to  return  to  my  office  duties  and 
resume  the  advertising  campaign,  the  outlook  for  the 
opening  of  the  school  was  very  unpromising. 

46 


I  PREPARE  TO  FOUND  JHE  SCHOOL 

Three  out  of  the  five  men  who  had  registered  dur- 
ing the  summer  announced  that  they  had  given  up 
the  idea  of  studying  law.  One  of  the  regular  men  of 
the  previous  year  called  at  the  house  a  few  evenings 
before  the  opening  night  and  announced  that  he  had 
been  attending  the  Y.  M.  C.  A.  Law  School,  for  over  a 
week  and  should  not  return. 

Several  other  men  whom  I  had  interested  to  the 
point  of  studying  law  had  also  been  secured  by  the 
Y.  M.  C.  A.  Law  School,  but  to  have  one  of  my  "old 
guard"  desert  me  at  this  juncture  filled  me  with  dis- 
appointment and  alarm.  Knowing  as  I  did  the  strong 
drawing  powers  of  the  Y.  M.  C.  A.  organization,  and 
not  having  heard  from  some  of  the  other  men,  I 
feared  that  my  little  venture  had  met  a  complete 
shipwreck  during  my  illness,  and  that  other  men  of 
my  original  four  had  joined  the  big  evening  law 
school.  I  had  made  my  first  acquaintance  with  the 
competition  of  a  powerful  rival,  even  though  the 
rival  was  probably  not  yet  officially  aware  of  my  ex- 
istence or  of  the  ambitious  plan  that  I  had  in  mind. 

But,  after  the  first  sleepless  night,  I  plunged  into 
a  last  campaign;  realizing  that  only  a  desperate  cam- 
paign indeed,  could  save  the  school  from  utter  failure 
at  the  very  beginning.  New  advertisements  were  de- 
vised and  every  effort  was  put  forth  to  reach  new 
men. 


47 


THE  EDUCATIONAL   OCTOPUS 


CHAPTER  X. 

The  Humble  Beginning. 

The  momentous  opening-  evening-,  Tuesday,  Sep- 
tember 19th,  1906,  at  length  arrived.  The  men  came 
straggling  into  the  little  lecture  room  at  6  Alpine 
Street,  Roxbury,  until  there  were  exactly  nine  of 
them — ^just  one  more  than  had  gathered  in  the  Old 
South  Building  when  I  opened  my  experimental  class 
in  law  the  previous  October. 

But  the  situation  was  not  near  so  favorable  as  on 
that  occasion.  Then  only  one  of  the  eight  was  a 
visitor,  whereas  on  this  occasion  five  of  the  nine  were 
visitors.  Messrs.  Collar,  Dahl  and  Smith  of  the  pre- 
vious class  were  present,  but  only  one  new  man  who 
had  registered. 

Keenly  aware  of  the  expense  that  I  had  incurred 
during  the  summer,  this  barren  result  was  very  dis- 
heartening. But  I  had  put  my  hand  to  the  plow  and 
the  furrow  must  be  driven  straight  onward.  So  I 
swallowed  my  disappointment  and  vowed  that  my 
first  lecture  should  be  so  interesting  that  I  would 
capture  every  one  of  the  five  visitors. 

If  I  remember  correctly,  we  took  up  Agency  that 
evening.  It  was  not  long  before  I  could  see  that  the 
men  were  keenly  interested  in  the  subject,  and  just 
as  I  was  feeling  most  confident  of  the  success  of  my 
lecture  an  event  occurred  that  filled  me  with  con- 
sternation and  alarm. 

48 


THE  HUMBLE   BEGINNING 

The  chairs  had  never  before  been  occupied  and 
were  so  new  that  the  varnish  had  evidently  failed  to 
properly  harden.  At  any  rate,  the  unseasonable 
warmth  of  the  evening  had  caused  the  varnish  to  de- 
velop sticky  qualities.  To  my  infinite  dismay  I  ob- 
served that  one  of  the  students  was  stuck  to  his  chair 
and  covertly  endeavoring  to  free  himself. 

He  succeeded,  but  the  ominous  stripping  sound 
with  which  the  fibre  of  the  cloth  of  his  trousers  parted 
company  with  the  varnish  set  every  man  in  the  room 
on  the  move.  There  was  a  perfect  chorus  of  similar 
sounds  from  eight  other  chairs. 

If  anything  could  have  been  more  shattering  to  the 
composure  of  a  lecturer  under  my  circumstances  than 
this  happening,  it  would  be  hard  indeed  to  find  it. 
The  majority  of  these  men  were  visitors  who  might 
or  might  not  register  according  to  the  impression 
made  by  that  first  lecture.  To  be  seated  in  sticky 
chairs  that,  for  aught  they  knew,  might  ruin  their 
clothes  was  enough  to  make  a  failure  of  any  lecture. 

Thoughts  of  damage  suits,  and  certainly  of  dam- 
aged suits,  flitted  through  my  mind.  I  forged  des- 
perately ahead  with  my  lecture,  hoping  against  hope 
that  the  thing  would  not  happen  again.  But  at  the 
second  uprising,  that  occurred  within  ten  minutes,  I 
abruptly  suspended  my  lecture  in  scarlet  confusion. 

The  men  assured  me,  however,  that  no  damage  had 
been  done.  Somebody  produced  a  newspaper  and 
distributed  a  sheet  to  every  chair  and  the  men  set- 
tled down  upon  these  rustling  protectors  with  sighs 
of  relief.  But  the  humor  of  the  situation  burst  upon 
all  of  us.  When  the  general  laughter  had  subsided  I 
resumed  my  lecture,  and  continued  to  the  end  of  the 
period  without  further  interruption. 

49 


THE  EDUCATIONAL  OCTOPUS 

I  was  cheered  not  a  little  by  the  manifest  enthus- 
iasm of  the  men — three  of  the  visitors,  George  A. 
Douglas,  M.  V.  Connor  and  John  J.  Murphy  imme- 
diately registered,  while  one  other  asked  to  be  al- 
lowed to  attend  the  lecture  of  the  following  evening. 

After  the  first  week  the  following  lecture  schedule 
was  pursued:  Monday  evening,  "Bills  &  Notes;" 
Tuesday  evening,"  Contracts ;"  Wednesday  evening, 
"Agency,"  and  Friday  evening,  "Criminal  Law,"  all 
of  which  I  taught  personally,  the  sessions  lasting 
from  7.30  to  about  9.15  P.  M. 

During  the  second  week  five  new  men  were  regis- 
tered: B.  E.  Hamilton,  one  of  the  visitors  on  open- 
ing evening,  George  L.  Bush,  Israel  Mostowitz, 
Charles  N.  Chase  and  James  F.  O'Brien. 

The  third  week  added  two  others  to  the  roll,  B.  H. 
Zuccurello  and  James  F.  Quigley,  making  a  total  of 
fourteen  students,  but  only  for  a  brief  time,  for 
Messrs.  Connor,  Quigley  and  Hamilton  dropped  out 
within  the  first  month,  leaving  eleven  men  to  finish 
the  fall  term. 

The  story  of  this  first  term  of  school  would  not  be 
complete  were  I  to  omit  the  most  important  event  of 
all — my  marriage  to  Miss  Elizabeth  G.  Snyder,  whose 
loyal  sympathy  and  unswerving  faith  in  the  future  of 
the  institution  were  to  do  so  much  to  strengthen  me 
in  the  trying  days  that  were  to  follow. 


50 


THE   SCHOOL'S   FIRST   YEAR 


CHAPTER  XI. 

The  School's  First  Year. 

The  winter  term  opened  December  3rd,  1906,  with 
nine  of  the  regular  men  in  attendance,  Mr.  Zuccurello 
and  Mr,  Larkin  having  dropped  out  temporarily.  Sev- 
eral new  men  were  added  through  advertising  in  the 
daily  papers,  and  a  new  entering  class  was  formed.  The 
new  men  were  to  take  "Torts"  with  the  regular  class 
and  "Contracts"  by  themselves,  two  evenings  per 
week,  under  the  instruction  of  Hiram  J.  Archer  until 
they  should  catch  up  with  the  regular  class. 

The  additional  men  comprised,  Hannibal  L.  Hamlin, 
Andrew  H.  Morrison,  Forrest  B.  Moulton  and 
Thomas  L.  Talty,  whose  name  appears  in  the  original 
class  formed  in  1905.  Roland  E.  Brown  was  also  en- 
rolled for  Torts  and  Criminal  Law.  Mr.  Larkin  and 
Mr.  Zuccurello  returned  at  this  time. 

Mr.  Mostowitz  dropped  out  during  the  third  week  of 
the  term,  leaving  fourteen  men  in  attendance  during  the 
winter  of  1906-1907. 

An  incident  occurred  in  the  early  part  of  this  term 
that  gives  my  wife  the  unique  distinction  of  being  the 
only  woman  who  has  ever  taught  in  the  school.  My 
brother,  Hiram,  who  was  assisting  the  new  men  to  make 
up  the  work  in  "Contracts"  fell  ill  and  was  unable  to 
continue  his  duties.  My  wife  volunteered  to  dictate  the 
remainder  of  the  notes,  although  she  knew  nothing  of 

51 


THE  EDUCATIONAL   OCTOPUS 

what  they  were  all  about.  The  men  were  obviously 
pleased  at  the  prospect  of  so  fair  a  teacher,  but  the  joke 
was  on  them.  Mrs.  Archer  was  not  used  to  dictating 
notes,  and  the  men  were  too  polite  to  tell  her  that  she 
was  dictating"  too  fast,  so  she  went  on  to  make  a  record 
that  can  never  be  equalled  again.  At  the  end  of  the 
period  the  men  were  all  on  the  verge  of  writers'  cramps, 
and  had  taken  twice  as  much  dictation  as  was  ever  given 
in  the  school,  even  by  Mr.  Douglas  years  later  in  his 
first  lecture  in  "Criminal  Law." 

The  winter  term  closed  February  15,  1907,  after  a 
very  successful  season.  My  brother's  illness  had  made 
necessary  the  employment  of  someone  else  to  give  the 
course  in  "Partnership,"  which  was  scheduled  to  be 
given  in  the  Spring  term.  My  choice  fell  upon  Arthur 
W.  MacLean,  who  graduated  from  the  Law  School  at 
the  same  time  I  did,  and  whom  I  had  known  for  several 
years  as  a  man  of  ability  and  of  the  very  highest  char- 
acter. He  thus  became  the  first  regular  teacher  whom  I 
appointed  to  assist  me  in  the  work. 

Two  men,  Mr.  Chase  and  Mr.  Zuccurello,  left  the 
school  during  the  Spring  term;  but  four  others  were 
added,  raising  the  total  to  sixteen  men.  The  new 
men  were  R.  G.  Reilly,  Geo.  A.  Rose,  Robert  T. 
Healey  and  A.  L.  Altmeyer. 

Of  the  sixteen  men  who  attended  in  the  Spring  Term 
it  is  interesting  to  note  that  seven  afterward  grad- 
uated from  the  school  and  nine  of  them  became  law- 
yers. 

As  I  recall  it  now,  the  eager  enthusiasm  of  these 
men — so  diiferent  from  what  I  had  been  accustomed 
to  among  day  students  in  the  law  school  that  I  had 
so  recently  attended — made  a  very  profound  impres- 
sion upon  me.    As  an  illustration  of  this  enthusiasm, 

52 


THE   SCHOOL'S   FIRST   YEAR 

I  remember  very  well  the  first  evening  that  I  ex- 
plained to  them  the  different  stages  of  an  ordinary 
law  suit.  I  prefaced  my  remarks  by  saying  that  I 
was  about  to  institute  practical  work  which  would 
involve  every  stage  of  an  ordinary  court  trial,  the 
drawing  of  writs,  the  entry  of  suits,  the  examination 
of  witnesses,  etc.  The  effect  upon  the  men  was  magi- 
cal. Every  one  caught  his  chair,  like  a  man  perform- 
ing the  impossible  task  of  lifting  himself  by  the  boot- 
straps, and  came  crowding  up  around  my  desk,  eager 
not  to  miss  a  word ! 

To  be  sure  it  was  a  very  undignified  performance, 
but  it  illustrated  more  plainly  than  words  the  differ- 
ence between  these  eager  searchers  for  knowledge  and 
the  ordinary  day  student  with  his  self  complacent 
languor  in  class. 

It  dawned  upon  me  that  a  great  opportunity  had 
suddenly  unfolded  itself  before  me.  In  a  great  me- 
tropolis full  of  young  men  such  as  these,  the  very 
class  from  whom  leaders  of  first  magnitude  arise,  once 
the  shackles  of  ignorance  are  struck  off  and  high  and 
noble  ambitions  are  enkindled  within  them,  what 
might  I  not  be  able  to  accomplish! 

It  was  a  blood  stirring  thought  that  but  for  me 
these  men  would  be  denied  the  very  advantages  that 
might  place  them  on  the  road  to  destiny.  I  then  re- 
solved that  so  far  as  in  me  lay  I  would  perpetuate  the 
school  and  dedicate  it  to  the  cause  of  the  ambitious 
boy,  who,  like  myself,  had  known  in  his  youth  the 
treadmill  of  poverty  while  shut  off  from  education,  the 
means  of  liberty. 

This  was  the  very  class  of  men  most  ignored  by  the 
other  law  schools,  permitted  to  enter  if  at  all  on  suf- 
ferance, but  frowned  upon  and  discouraged  at  every 

53 


THE   EDUCATIONAL   OCTOPUS 

point.  There  was  a  great  unoccupied  field  for  a  non- 
sectarian  school  that  would  strongly  champion  the 
son  of  the  workingman.  Such  a  school  I  resolved  to 
permanently  establish  in  Boston. 

The  first  year  of  the  school  closed  on  May  17th, 
1907.  The  attendance  had  steadily  risen,  from  nine 
men  at  the  opening  night  to  sixteen  men  at  its  close. 
The  tuition  charge  was  forty-five  dollars  a  year  and 
the  total  receipts  for  the  year  were  only  $533.  But 
considering  all  things  in  the  year's  perspective,  I 
could  not  but  feel  a  satisfaction  in  the  progress  I  had 
made. 

Clouds  were  lowering,  however,  and  even  before 
the  last  month  of  school  had  passed  I  was  vaguely 
aware  that  there  were  difficult  problems  to  be  solved 
and  other  battles  to  be  won  before  the  school  should 
open  in  the  following  September. 


54 


A  CONFERENCE  WITH  MY  STUDENTS 


CHAPTER  XII.  .     . 

A  Conference  With  My  Students. 

The  first  grand  g-limpse  of  the  destiny  of  the  school 
and  its  possible  high  mission  left  me  like  one  who 
has  been  suddenly  dazzled  by  a  bright  light,  keenly 
aware  of  the  dark  shadows  that  immediately  after- 
ward surround  him.  I  at  once  saw  that,  if  I  were  to 
work  intelligently  toward  the  goal,  the  present  school 
name  must  be  abandoned,  however  my  pride  in  hav- 
ing the  school  bear  my  name  might  plead  for  its 
continuance. 

It  was  apparent  that  the  name  of  an  individual 
would  prove  a  great  handicap,  despite  the  fact  that 
the  great  universities  of  the  country  were  so  named. 
I  realized  that  no  man  in  this  age  of  the  world  could 
hope  to  accomplish  much  with  an  institution  named 
for  himself,  unless  he  belonged  to  the  aristocracy  of 
wealth,  and  could  by  that  means  awe  the  public  into 
respect  for  his  plans. 

Another  problem  that  stood  out  ominously  was 
this :  My  Alpine  Street  apartments  would  not  be  ade- 
quate to  house  the  school  for  another  year.  I  there- 
fore began  a  systematic  canvas  of  that  section  of 
Roxbury,  although  my  time  was  so  limited  that  my 
wife  and  I  were  obliged  to  utilize  our  Sunday  after- 
noon walks  for  that  purpose. 

Week  after  week  passed,  increasing  if  anything  my 

55 


THE   EDUCATIONAL  OCTOPUS 

perplexity,  for  the  rents  were  either  prohibitive  or  the 
rooms  too  small.  Once  or  twice  I  located  a  house 
that  I  thought  would  meet  the  requirements,  but  in 
order  to  secure  it  for  September  it  must  be  rented 
immediately,  an  expense  quite  out  of  the  question. 

A  greater  and  more  ominous  problem  than  either  of 
the  others  suddenly  uprose  before  me.  I  learned  that 
the  firm  of  Carver  &  Blodgett,  with  whom  I  was 
employed,  would  dissolve  in  July.  In  that  event  I 
should  be  obliged  to  seek  a  salaried  position  with 
another  firm,  or  open  an  office  for  myself.  I  was  well 
aware  that  a  salaried  position  could  not  be  had  for 
the  asking,  and,  even  if  it  could,  I  was  doubtful  of 
the  wisdom  of  further  delaying  the  beginning  of  my 
own  law  practice. 

It  has  always  been  my  belief,  however,  that  if  one 
faces  his  problems  unflinchingly,  searching  prayer- 
fully for  a  solution  of  them  while  still  to  the  utmost 
of  his  ability  performing  the  task  next  at  hand,  that 
the  way  would  ultimately  open. 

I  have  never  had  patience  with  that  man  who  loses 
his  grip  on  his  present  tasks  merely  because  he  can- 
not clearly  see  the  solution  of  greater  problems  ahead, 
thus  becoming  a  ready  prey  to  despair  and  failure. 
Such  a  man  is  like  a  traveler  on  a  road  whose  general 
direction  is  toward  his  desired  goal — the  far  off  cita- 
del on  the  heights,  but  who  drops  by  the  wayside  in 
despair  because,  forsooth,  he  cannot  trace  with  his 
present  vision  the  entire  course  of  that  road. 

With  all  the  problems  that  confronted  me  in  the 
spring  of  1907  there  were  no  "ifs"  nor  "ands"  about 
my  mental  attitude  toward  them — they  would  each 
be  solved  in  due  course,  I  was  sure  of  that.  But  I 
spent  many  a  wakeful  night  pondering  them, 

56 


A  CONFERENCE  WITH  MY  STUDENTS 

The  loyalty  of  the  students  was  comforting-  and 
helpful.  The  first  banquet  ever  held  by  the  school 
was  arranged  by  the  students  for  the  night  following 
the  last  examinations — Saturday,  May  i8,  1907.  But 
I  was  unable  to  be  present.  The  work  and  worry  of 
the  past  few  weeks  had  rendered  me  an  easy  prey  to 
bronchitis,  and  I  was  sick  abed. 

I  have  in  my  possession  one  of  the  menus,  printed 
by  a  member  of  the  class,  and  it  possesses  historical 
interest  for  two  reasons — first  that  it  is  a  souvenir  of 
the  first  banquet,  and  secondly  that  it  was  the  last  bit 
of  printed  matter  to  bear  the  original  school  name. 
It  marked  a  transition  period,  for  the  students  had 
already  begun  to  drop  the  word  "evening"  and  call 
it  the  "Archer  Law  School."  It  was  so  printed  on 
the  cover  of  the  menu. 

As  soon  as  my  wife's  careful  nursing  had  brought 
me  out  of  my  illness  sufficiently  to  attend  my  duties, 
I  felt  that  the  time  had  come,  now  that  the  school 
was  over,  to  wrestle  with  the  three  great  problems 
that  were  still  before  me:  the  school  name,  the  loca- 
tion of  the  school  for  the  following  year,  and  the 
question  of  a  salaried  employment. 

Knowing  as  I  did  that  the  success  of  the  school 
would  be  tremendously  affected  by  the  name  and  lo- 
cation, I  realized  that  the  only  way  to  approximately 
ascertain  the  probable  sentiment  of  young  men  in 
general  toward  the  name  or  location  adopted  was  to 
accurately  ascertain  the  sentiment  of  my  students. 
I  therefore  wrote  personal  invitations  to  the  students 
to  meet  me  at  6  Alpine  Street  to  discuss  the  problems 
confronting  the  school. 

A  number  of  the  men  responded.  The  decision  of 
the  conference  was  unanimous  that  the  best  interests 

57 


THE  EDUCATIONAL  OCTOPUS 

of  the  school  demanded  a  more  central  location.  It 
should  be  located  in  Boston.  I  inquired  of  each  man 
in  turn  for  suggestions  as  to  possible  locations.  A 
Boylston  Street  address  was  given  me ;  also  that  of  a 
building  recently  vacated  by  a  dental  school  on 
Tremont  Street. 

The  school  catalogue  for  the  coming  year  was  dis- 
cussed. I  was  uncertain  in  my  own  mind  whether  a 
folder  similar  to  what  I  had  issued  the  previous  year 
would  be  adequate,  or  whether  I  must  undertake  the 
expense  of  regular  school  catalogue.  The  men  were 
divided  on  the  question,  but  when  it  had  been  argued 
pro  and  con  I  announced  that  I  should  issue  a  cata- 
logue. 

But  the  school  name  proved  the  most  fruitful  topic 
of  discussion.  All  present  favored  a  change  of  name, 
as  I  had  already  surmised,  but  no  two  of  them  were 
agreed  upon  any  name  that  was  brought  forward. 
Mr.  Douglas  offered  two  names  during  the  evening, 
"Boston  Law  School"  and  "Massachusetts  School  of 
Law,"  but  I  ruled  out  the  first  name  as  too  nearly 
approaching  the  name  of  Boston  University  Law 
School.  His  second  suggestion  I  promised  to  con- 
sider. 

When  the  little  company  dispersed,  after  an  en- 
thusiastic meeting,  I  felt  that  I  had  made  great  prog- 
ress in  the  solution  of  the  questions  confronting  the 
school.  As  I  look  back  upon  it  now  I  consider  it  a 
most  fortunate  occurrence,  although  in  the  perspec- 
tive of  years  I  can  see  that  practically  all  the  internal 
dissentions,  revolts  and  troubles  among  the  students 
that  were  later  to  try  my  very  soul  originated  indi- 
rectly from  that  meeting.  Why  and  how  these 
troubles  came  to  me  will  be  disclosed  in  due  course 
in  the  pages  of  this  history. 

58 


A   CRISIS   IN   THE  SCHOOL 


CHAPTER  XIII. 

A  Crisis  in  the  School. 

Inasmuch  as  the  school  name  was  the  first  problem 
that  was  actually  solved,  it  may  with  propriety  be 
dealt  with  in  this  connection.  It  must  not  be  sup- 
posed, however,  that  any  of  the  other  problems  were 
neglected  in  the  meantime,  for  all  my  odd  moments 
were  devoted  to  an  endeavor  to  locate  a  desirable 
law  firm  that  needed  my  services,  and  wherever  I 
went  I  was  continually  on  the  alert  for  a  desirable 
location  for  the  school,  as  well  as  pondering  much 
upon  a  school  name. 

My  wife  and  I  would  often  discuss  names  for  the 
school.  Such  names  as  Bay  State,  Massachusetts, 
Atlantic,  New  England  and  Suffolk  were  each  con- 
sidered. None  of  them  seemed  satisfactory  at  first, 
but  the  name  "Suffolk"  gradually  emerged  from  the 
lot  as  most  appropriate  of  all.  To  be  sure  it  was  the 
name  of  a  county  in  Massachusetts,  but  it  was  also 
an  old  English  name  derived  from  the  more  ancient 
"South-folk." 

The  name  of  a  school,  as  I  regarded  the  question, 
should  possess  alliterative  qualities,  be  clear  cut  and 
sonorous.  The  word  Suffolk  possessed  all  of  these 
qualities.  I  finally  decided  to  rename  the  school 
"Suffolk  School  of  Law,"  and  this  was  the  school 
name  for  seven  years  until  1914,  when  by  an  act  of 

59 


THE   EDUCATIONAL   OCTOPUS 

the   Legislature   the  official   name    was    changed    to 
"Suffolk  Law  School." 

On  the  day  following  the  meeting  described  in  the 
last  chapter  I  investigated  the  locations  referred  to 
by  the  students  and  found  each  of  them  to  be  impos- 
sible, either  from  the  standpoint  of  rental  or  because 
of  their  inconvenient  location. 

For  a  time  I  considered  the  advisability  of  hiring 
a  building  on  Pinckney  Street,  Boston  (within  a 
block  of  the  present  home  of  the  school)  but  the  prob- 
lem of  sub-letting  the  rooms  that  I  would  not  need 
was  too  precarious  a  venture,  for  they  would  have 
to  be  let  in  the  same  manner  as  a  lodging  house. 

Still  intent  upon  securing  this  building,  I  proposed 
to  a  young  man  who  had  previously  managed  the 
building  when  it  was  used  by  college  students  as  a 
fraternity  house,  that  if  he  would  lease  it  I  would 
hire  the  first  floor  for  lecture  purposes.  He  prom- 
ised to  consider  it,  but  later  informed  me  that  he  had 
decided  against  it. 

The  uncertainty  of  my  own  plans  for  the  coming 
year  was  a  serious  drawback  in  the  solution  of  the 
school  location,  and  I  soon  decided  that  the  matter 
of  location  must  wait  until  that  question  was  deter- 
mined. 

One  of  the  students  who  was  acquainted  with 
Charles  H.  Innes,  Esq.,  informed  me  that  Mr.  Innes 
had  expressed  a  desire  to  see  me.  I  knew  that  this 
gentleman  had  been  tutoring  men  in  law  for  many 
years,  and  I  rightly  conjectured  that  law  teaching 
would  be  the  subject  of  our  interview. 

I  made  an  appointment  by  telephone  and  waited 
upon  him  promptly.  Our  interview  was  quite  ex- 
tended. I  well  remember  one  of  the  first  things  he 
said  to  me : 

60 


A   CRISIS   IN   THE   SCHOOL 

"I  have  been  teaching  law,"  he  said,  "for  about 
twenty  years,  and  I  have  nearly  seventy  students,  but 
I  call  my  enterprise  a  class.  I  don't  call  it  a  school. 
People  would  laugh  at  me  if  I  did.  Now  you  have  about 
fifteen  students,  and  it  is  only  an  experiment  with  you, — 
yet  you  call  it  a  school.  I  can't  understand  why  you 
do  it." 

I  explained  to  him  that  I  called  my  enterprise  a  school 
because  I  proposed  to  make  it  a  school  and  to  conduct 
it  on  the  very  same  basis  as  the  regular  law  schools. 
Mr.  Innes  seemed  mildly  amused  at  my  optimism  and 
doubteless  regarded  me  as  a  hopeless  visionary. 

He  suggested  combining  our  schools,  but  since  he 
could  not  agree  to  my  plans  for  a  regular  law  school, 
nor  I  with  his  scheme  of  teaching,  we  soon  found  that 
we  could  not  effect  a  merger. 

Without  making  a  definite  proposition  to  me,  he  inti- 
mated that  if  I  would  assist  him  in  his  teaching  and 
also  become  associated  with  the  office  (Vahey,  Innes 
&  Mansfield)  to  assist  in  trial  work,  I  might  be  al- 
lowed a  salary  that  seemed  to  me  at  the  time  quite 
attractive. 

These  negotiations  were  continued  for  some  days, 
until  I  became  convinced  that  Mr.  Innes  was  more  inter- 
ested in  absorbing  my  school  than  anything  else,  thus 
to  head  off  competition,  so  I  let  the  matter  drop. 

My  failure  to  secure  a  desirable  position  with  a  law 
firm  was  driving  me  with  much  reluctance,  because  of 
my  financial  condition,  to  the  conclusion  that  I  must 
start  out  for  myself.  I  consulted  Mr.  Blodgett,  of  the 
firm  of  Carver  &  Blodgett,  then  about  to  dissolve,  and 
he  advised  me  to  take  the  step,  declaring  a  temporary 
shift  to  be  a  loss  of  time.  I  also  consulted  Mr.  Frost, 
and  he  urged  me  to  take  Mr.  Blodgett's  advice  seriously 

6i 


THE  EDUCATIONAL  OCTOPUS 

I  continued  my  search  for  a  location,  and  discovered 
that  there  was  a  suite  of  offices  to  let  in  the  Old  Suffolk 
Savings  Bank  Building,  at  53  Tremont  Street,  Boston. 
The  rent  asked  was  reasonable,  but  combined  with  pay- 
ing teachers,  purchasing  additional  school  furniture,  ad- 
vertising, etc.,  would  make  necessary  a  school  income 
of  at  least  $1,400. 

There  would  be  no  weekly  salary  to  help  along  in  the 
finances.  The  actual  cash  receipts  from  the  school  for 
the  previous  year  had  been  about  one-third  of  the 
amount  the  school  must  yield  during  the  coming  year  if 
I  were  to  keep  above  water  financially.  Then,  too,  there 
was  a  summer  vacation  without  salary  or  school  revenue, 
during  which  money  must  be  expended  for  advertising 
and  printing. 

I  had  saved  every  possible  dollar  during  the  year, 
but  the  fund  could  not  by  the  most  careful  manage- 
ment promise  to  hold  out  beyond  the  early  part  of 
October  for  my  household  expenses  alone,  so  I  was 
naturally  not  in  a  position  to  make  withdrawals  from 
that  fund  for  the  school. 

The  whole  matter,  therefore,  hinged  upon  my  ability 
to  secure  enough  students  to  raise  the  school  revenue  to 
$1,400.  Several  of  my  present  students  were  unable  to 
pay  tuition,  or  if  at  all,  tardily;  so  I  must  secure  at  least 
twenty-two  additional  students.  The  situation  was  in- 
deed a  desperate  one. 

My  wife  and  I  discussed  it  pro  and  con  for  several 
days,  and  in  this  first  great  crisis  of  the  school  she 
proved  herself  to  be  a  woman  of  rare  courage  and  of 
abounding  faith  in  the  future  of  the  institution. 

After  much  thoughtful  and  prayerful  deliberation  we 
came  to  the  firm  conclusion  that  the  step  should  be  taken 
and  we  would  abide  the  result. 

62 


THE  FATEFUL   SUMMER  OF   1907 


CHAPTER  XIV. 

The  Fateful  Summer  of  1907. 

I  lost  no  time  in  negotiating  for  the  suite  of  offices  at 
53  Tremont  Street.  In  one  of  my  trips  to  the  building 
I  met  an  elderly  lawyer,  Charles  B.  Stone,  who  occu- 
pied as  tenant-at-will  a  suite  of  offices  on  the  floor 
below,  much  more  to  my  fancy.  He  signified  his 
intention  to  vacate  in  the  fall,  so  I  arranged  it  with 
him  that  I  would  take  over  the  place  in  August.  He 
offered  to  sell  me  a  set  of  Massachusetts  Reports,  and 
within  a  few  days  I  purchased  them  for  the  school, 
havmg  borrowed  the  money  of  Mr.  Frost. 

The  question  of  an  associate  in  the  practice  of  law 
had  been  on  my  mind  for  some  time.  My  brother  Hiram 
had  been  admitted  to  the  bar  during  the  previous  winter, 
but  his  health  was  in  so  precarious  a  condition  that  I 
was  uncertain  whether  he  would  be  able  to  stay  in  Bos- 
ton during  the  coming  year. 

My  thoughts  naturally  turned  to  Arthur  W.  MacLean, 
previously  mentioned  as  having  taught  Partnership  in 
the  school.  Like  myself,  he  had  served  a  year's  appren- 
ticeship in  a  well  known  law  office,  and  I  was  confident 
that  he  would  be  favorably  disposed  toward  opening  an 
office  of  his  own. 

So  I  invited  him  to  join  with  me  in  a  law  partner- 
ship, and  he  promptly  accepted  the  offer.    The  bargain 

63 


(THE   EDUCATIONAL  OCTOPUS 

was  closed  with  the  owners  for  the  suite  of  offices  on  the 
third  floor,  previously  mentioned  as  occupied  by  Mr, 
Stone. 

The  new  firm  was  to  open  September  first  as 
"Archer  &  MacLean." 

With  the  dissolution  of  the  firm  of  Carver  &  Blodgett, 
which  occurred  within  a  few  days,  I  found  myself  with 
leisure  time  to  prepare  for  the  coming  year.  The  cata- 
logue was  gotten  out — a  twelve-page  booklet  of  very 
respectable  appearance. 

The  faculty  as  listed  were  Gleason  L.  Archer,  Prin- 
cipal ;  Arthur  W.  MacLean,  Hiram  J.  Archer,  Frederick 
O.  Downes  and  Webster  A.  Chandler. 

My  experience  of  the  previous  year  in  losing  so  many 
men  to  the  Y.  M.  C.  A.  Law  School  had  led  me  to 
suppose  that  it  would  be  wiser  to  open  up  my  school 
two  weeks  after  the  other  had  begun,  thus  giving  me 
more  time  to  advertise  after  competition  had  to  a  certain 
measure  ceased. 

The  advertising  campaign  in  September,  1907,  brought 
little  assurance  that  the  necessary  twenty-two  new  stu- 
dents could  be  secured,  but  it  was  not  a  time  to  repine 
or  turn  back.  Everything  depended  upon  a  successful 
outcome.  I  was  at  the  office  day  and  evening  waiting 
and  watching  for  prospective  students ;  allowing  scarcely 
time  for  lunch  or  supper,  lest  men  should  call  during 
my  absence. 

Financial  difficulties  loomed  up  ahead,  and  the  law 
practice  tkat  had  come  in  was  of  a  most  unproductive 
sort.  Never  did  I  have  more  occasion  for  worriment, 
nor  could  I  share  my  troubles  with  my  wife,  for  she  was 
in  a  state  of  health  when  composure  and  freedom  from 
worry  were  imperatively  necessary.  So  I  kept  her  in 
ignorance  of  the  true  state  of  affairs  and  went  on  day 

64 


THE   FATEFUL   SUMMER  OF   1907 

after  day  and  far  into  the  evening  several  nights  a  week 
in  a  disheartening  vigil. 

Could  I  have  spent  the  time  with  some  degree  of 
profit  it  would  have  been  less  difficult.  I  tried  my  hand 
at  literary  work  of  one  sort  or  another,  but  neither 
stories  nor  sketches  produced  under  these  circumstances 
possessed  commercial  value,  and  I  watched  my  little 
bank  account  dwindle  to  the  vanishing  point. 

During  the  latter  part  of  September  stragglers  came 
into  the  office  occasionally,  the  most  of  them  skeptical 
and  desiring  "to  be  shown"  that  the  school  could  act- 
ually train  men  for  the  practice  of  law.  The  former 
students  had  maintained  an  ominous  silence,  except 
in  a  few  cases  where  the  loss  of  some  of  them  was 
made  certain.  One  of  the  most  desirable  had  enrolled 
at  Boston  University  Law  School.  Another  an- 
nounced that  he  had  given  up  the  further  pursuit  of 
the  study  of  law,  and  I  feared  every  day  that  I  might 
learn  that  others  had  joined  the  Y.  M.  C.  A.  Law 
School. 

Up  to  the  date  of  opening  of  the  Fall  Term  only  six 
men  had  registered.  A  few  days  before  opening  night 
I  wrote  personal  letters  to  my  former  students,  and  also 
to  every  man  on  my  mailing  list,  inviting  them  to  be 
present  as  visitors  at  the  opening  lecture. 


65 


.THE   EDUCATIONAL  OCTOPUS 


CHAPTER  XV. 

A  Student  Mutiny. 

On  the  evening  of  Monday,  the  last  day  of  September, 
1907,  the  Suffolk  School  of  Law  opened.  We  were  at 
that  time  under  a  three  year  system,  so  I  shall  denomin- 
ate the  second  year  class  as  jfuniors.  I  had  engaged  a 
large  office  across  the  corridor  from  the  school  head- 
quarters for  use  on  lecture  evenings.  The  Juniors  met 
in  this  office,  while  the  Freshman  Class  met  in  the  large 
outer  office  of  our  suite. 

If  I  remember  correctly,  Mr.  MacLean  met  the  Juniors 
and  started  lectures  in  Real  Property.  I  met  the  Fresh- 
men, as  I  always  have  done  on  the  first  evening  of  the 
year. 

All  things  considered,  no  opening  lecture  was  ever 
more  trying  for  me.  Among  the  visitors  were  several 
"fresh"  individuals,  who  seemingly  came  for  the  express 
purpose  of  making  trouble.  They  attempted  to  air  their 
superior  knowledge  of  law  and  otherwise  to  annoy  me 
until  I  was  obliged  to  "squelch"  them,  which  I  did  so 
effectually  that  they  remained  quiet  and  submissive  the 
rest  of  the  evening. 

The  lecture  itself  was  fairly  successful,  but  I  was  dis- 
tressed indeed  at  the  outcome,  for  only  two  of  the  visit- 
ors registered,  although  the  fact  that  I  had  extended  an 
invitation  to  them  to  attend  the  remaining  lectures  of 
the  week  doubtless  had  something  to  do  with  the  fail- 
ure to  register. 

66 


A   STUDENT   MUTINY 

The  lecture  broke  up,  and  the  confusion  of  question- 
asking-  by  individuals  ensued.  Some  men  who  attend 
their  first  lecture  are  sure  to  have  doubts  about  their 
educational  qualifications,  or  entertain  incorrect  ideas 
as  to  the  time  when  tuition  is  due.  I  had  been  suffering 
from  a  headache  before  the  lecture  began,  but  it  had  now 
so  greatly  increased  that  before  the  last  questioner  had 
left  me  I  was  in  a  state  of  pain,  mental  confusion  and 
weariness  such  as  I  had  never  experienced  before. 

But  to  cap  the  climax,  and  to  stamp  that  evening"  as 
one  of  the  most  trying  of  my  life,  the  Juniors  filed  into 
the  room,  even  before  the  last  of  the  new  men  had  left, 
and  their  hostile  and  belligerent  looks  warned  me  at 
once  that  trouble  was  in  the  air.  The  shock  of  this  dis- 
covery was  all  the  greater  because  their  loyalty  of  the 
previous  year  had  led  me  to  suppose  that  I  could  rely 
upon  them  in  this  crisis  of  the  school's  affairs. 

The  most  of  the  men  were  silent,  w^aiting  for  their 
spokesmen  to  voice  their  woes.  Nor  were  spokesmen 
wanting,  and  soon  they  were  pouring-  accusations  of 
shabby  treatment  because  they  had  learned  that  I  was 
not  planning  to  teach  them  personally  that  year.  They 
also  asserted  that  our  plan  to  use  text  books  in  Real 
Property  and  Equity  would  result  in  half  the  class  leav- 
ing the  school.  Too  surprised  and  dumfounded  to  meet 
the  issue  that  night,  I  mollified  the  class  the  best  I  could 
and  promised  to  take  their  grievances  under  advise- 
ment. 

I  returned  home,  too  exhausted  to  sleep,  and  on  the 
verge  of  despair.  I  could  not  for  my  life  imagine  the 
reason  for  the  great  change  that  had  come  over  the 
Juniors,  but  a  real  change  there  was  I  felt  sure. 

Wednesday  evening  came.  Even  before  my  lecture  to 
the  Freshmen,  the  Juniors  began  worrying  me  with  com- 

67 


THE   EDUCATIONAL  OCTOPUS 

plaints;  but  I  told  them  to  see  me  after  lecture,  for  I 
realized  that  I  must  make  a  supreme  effort  to  win  new 
men — only  eight  of  the  necessary  twenty-two  had 
registered.  The  visitors  were  less  numerous  on  this 
evening,  but  the  class  was  decidedly  more  friendly.  One 
or  two  new  men  had  registered  after  the  lecture,  when 
the  trouble  makers  from  the  second  year  class  appeared 
to  resume  their  interrupted  interview. 

Again  they  insisted  that  it  was  unfair  for  me  to  teach 
the  Freshmen  and  turn  them  over  to  others.  They  inti- 
mated that  I  didn't  care  what  happened  to  them  now  that 
I  had  some  other  students,  and  they  argued  that  because 
they  were  to  be  the  first  graduates  the  success  of  the 
school  would  depend  upon  their  ability  to  pass  the  bar 
examinations.  They  reasoned,  therefore,  that  it  was  my 
duty  to  teach  them  junior  and  senior  subjects  as  well  as 
what  I  had  taught  them  the  previous  year. 

My  predicament  was  a  difficult  one,  and  I  realized  that 
a  rash  move  would  ruin  the  school.  I  felt  that  the 
trouble  had  already  hindered  me  greatly  in  winning  new 
students,  but  it  was  now  likely  to  disrupt  the  class  that  I 
had  counted  upon  as  a  nucleus  around  which  to  build 
the  school.  In  the  face  of  so  grave  a  peril,  I  made  a 
sudden  shift  in  my  plans  and  told  the  men  that  I 
would  teach  them  Equity,  and  give  my  brother  the 
course  in  Criminal  Law  which  I  had  expected  to  teach 
the  Freshmen. 

This  served  to  pacify  the  belligerents  somewhat,  and 
they  dispersed  for  the  evenng.  But  the  change  had 
placed  an  additional  burden  upon  my  shoulders.  Equity 
is  a  difficult  subject  for  one  to  prepare  to  teach,  especially 
on  so  short  a  notice. 

On  Friday  evening  I  made  good  my  promise  to  teach 
Equity,  but  I  found  the  class  so  belhgerent  on  the  sub- 

68 


A   STUDENT   MUTINY 

ject  of  text  books  that  I  decided  not  to  force  the  issue, 
but  to  withdraw  the  text  book  requirement  and  give 
notes  in  all  subjects. 

The  last  evening  for  visitors  had  now  passed  and  only 
eleven  new  men  had  registered.  By  this  time  I  had 
given  up  hope  of  the  necessary  number  of  students,  my 
whole  concern  now  being  to  minimize  the  inevitable 
deficit  in  the  school  exchequer  as  much  as  was  possible. 

By  nature  I  am  long  suffering  and  slow  to  anger,  but 
when  the  second  week  came  and  the  Juniors  still  hung 
like  a  millstone  about  my  neck,  impeding  my  every 
effort,  I  began  seriously  to  think  of  disbanding  the 
whole  class.  I  observed,  however,  upon  watching  them 
narrowly,  that  only  two  or  three  of  them  were  actively 
hostile  and  that  these  few  had  not  paid  their  tuition.  It 
was  evidently  a  deliberate  attempt  to  coerce  me  into 
changes  of  plan — in  other  words  these  men  were  trying 
to  run  the  school. 

I  awaited  their  next  move,  ready  to  take  swift  and 
summary  action.  They  now  came  forward  with  two 
additional  demands.  The  first  was  for  typewritten  notes, 
a  matter  I  had  already  considered,  but  had  ruled  against 
because  it  would  have  a  tendency  to  encourage  students 
to  cut  lectures,  and  would  result  in  a  school  but  little 
superior  to  a  correspondence  school.  I  told  the  men 
flatly  that  they  could  not  have  typewritten  notes,  and 
explained  the  reason. 

Their  second  demand  was  for  early  and  late  divisions. 
This  might  have  given  me  a  cliie  to  all  the  trouble.  I 
had  announced  in  the  new  catalogue  that  we  would  form 
early  and  late  divisions  of  classes  if  there  was  a  sufficient 
number  of  men  to  warrant  it,  but  as  a  matter  of  fact, 
there  was  no  such  division  to  be  made  of  the  Freshman 

69 


THE   EDUCATIONAL  OCTOPUS 

Class.  The  trouble  makers  had  seized  upon  this  an- 
nouncement as  a  pretext  for  further  annoyance,  but  as 
there  was  less  than  a  dozen  men  in  the  Junior  Class  the 
new  request  was  nothing  short  of  preposterous. 

My  turn  had  now  fully  come.  I  told  the  men  that 
there  would  be  no  division  of  the  class — they  would 
either  attend  in  a  body  early  or  they  would  come  late. 
If  there  was  even  one  man  in  the  class  who  could  not 
come  early,  then  there  would  be  no  early  session. 

Warmed  up  to  the  subject,  I  told  the  class  that  from 
this  day  forth  we  were  going  to  have  fewer  stu- 
dents or  harmony;  that  school  policies  were  now  clearly 
defined,  and  any  student  who  was  still  dissatisfied  with 
them  should  at  once  leave  the  class,  for  I  had  fully 
resolved  to  expell  the  next  trouble  maker  that  showed 
his  head. 

Upon  the  close  of  my  remarks  I  requested  every  man 
who  would  pledge  himself  to  harmony  and  loyalty  to  the 
school  to  manifest  it  by  an  upraised  hand.  Every  man 
but  the  two  trouble  makers  raised  his  hand.  Not  only 
that,  but  they  crowded  around  me  after  the  lecture  and 
assured  me  in  most  emphatic  terms  of  their  loyalty. 
The  discredited  "leaders"  withdrew.  When  the  class 
met  again  they  were  no  longer  members  of  the  school. 

But  I  was  still  entirely  at  loss  as  to  the  true  explana- 
tion of  the  hostility  and  malice  of  the  trouble  makers.  It 
was  not  until  the  following  year  that  I  learned  the  truth 
from  the  lips  of  one  of  them. 

The  cause  was  in  itself  trivial.  It  is  extraordinary 
that  any  men  should  have  taken  offense,  and  adopted  the 
attitude  they  did.  The  ringleader  of  all  the  trouble  had 
been  one  of  the  men  whom  I  had  invited  to  the  confer- 
ence at  Roxbury  on  the  previous  year.  It  seems  that  the 
invitation  had  so  inflated  his  vanity  that  he  considered 

70 


A   STUDENT   MUTINY 

himself  one  of  the  board  of  overseers  of  the  school,  and 
that  I  had  voluntarily  given  over  the  management  of 
the  school  to  the  students  who  had  met  me  at  that 
conference. 

Perhaps,  also,  the  fact  that  nearly  all  of  them  were 
older  than  I  had  something  to  do  with  it,  but  at  any  rate 
this  man  chose  to  consider  himself  grievously  slighted 
because  I  had  adopted  a  new  name  for  the  school,  issued 
a  catalogue  and  selected  a  location  in  Boston,  all  without 
consulting  the  "board  of  overseers."  To  vent  his  spite 
and  malice  he  was  willing  to  go  to  any  length,  even 
to  disrupting  the  school — if  such  a  thing  were 
possible. 


71 


THE  EDUCATIONAL  OCTOPUS 


CHAPTER  XVI. 

School  Finances,  Real  and  Apparent. 

But  now  that  the  trouble  had  subsided,  we  settled 
down  to  a  well  ordered  system.  I  flatter  myself  that 
only  a  tactful  handling  of  a  desperate  situation  and  a 
(firm  dealing  with  the  malcontents  when  they  had  been 
•singled  out  could  have  saved  the  school  in  this  crisis. 
There  was  another  result  not  to  be  despised  that  flowed 
from  this  experience.  It  had  fortified  me  in  my  position 
as  head  of  the  school  and  given  me  greater  confidence  in 
my  ability  to  handle  other  difficulties  that  later  arose, 
similar  in  character  and  traceable  to  the  same  original 
cause. 

Within  the  first  three  weeks  of  the  Fall  Term,  the 
Freshmen  registration  had  risen  to  eighteen  men.  Later 
in  the  term  other  men  entered,  but  this  increase  was 
offset  by  the  number  of  those  who  dropped  out,  so  the 
average  attendance  of  Freshmen  for  the  Fall  term  con- 
tinued at  about  eighteen  men,  four  less  than  the  number 
which  my  estimate  had  called  for  as  necessary  to  pay 
expenses.  But  my  estimate  had  been  based  upon  a  more 
favorable  situation  in  the  Junior  class.  In  addition  to 
the  men  that  I  had  lost,  with  the  resulting  loss  of  reve- 
nue, was  also  the  fact  that  several  men  in  the  class  were 
unable  to  pay  their  tuition. 

The  dilatory  payment  of  tuition  throughout  the  school 
became,  in  fact,  one  of  my  greatest  trials,  as  it  ever 

72 


SCHOOL  FINANCES   REAL  AND   APPARENT 

afterward  remained  during  the  trying  years  when  the 
school  expenses  equaled  or  exceeded  the  tuition  receipts. 
Some  men  took  great  offense  at  being  asked  to  pay  up, 
considering  it  a  reflection  upon  their  financial  respon- 
sibility. 

One  man  that  I  recall,  whose  financial  ability  was  im- 
questioned,  left  the  school  in  anger  at  this  time  because 
he  had  received  a  bill.  He  upbraided  me  for  not  follow- 
ing commercial  usages  and  allowing  payilient  "after  the 
service  was  rendered,"  as  he  expressed  it.  He  had 
chosen  to  raise  this  issue  before  the  entire  class  and  to 
declare  that  he  would  quit  the  school  rather  than  submit 
to  such  an  "outrageous  custom,"  so  I  met  his  challenge 
by  telling  him  to  go  as  soon  as  he  pleased.  He  made  a 
dramatic  exit  from  the  class. 

Had  it  not  been  for  my  law  practice,  scanty  and  un- 
productive as  it  was,  it  is  hard  to  say  how  I  would  have 
gotten  through  that  year.  I  had  from  long  necessity 
reduced  economy  to  a  science,  and  many  a  time  I  walked 
the  three  miles  to  or  from  my  home  to  save  a  five  cent 
car  fare. 

Mr.  Frost  had  still  continued  a  custom  that  he  had 
begun  when  I  was  a  student,  of  giving  me  liberal  dona- 
tions of  clothing,  and  because  of  this  I  was  able  to 
make  a  presentable  appearance,  even  though  I  did 
not  spend  twenty  dollars  on  myself  during  the  en- 
tire year  of  1907-1908. 

My  wife,  although  she  did  not  realize  in  the  least  the 
financial  straits  I  was  in,  was  nevertheless  the  most 
economical  of  housewives.  On  January  22,  1908, 
the  great  event  to  which  we  had  both  looked  for- 
ward with  such  eager  interest  occurred,  and  our 
first  child,  Allan  Frost  Archer,  was  born.     I  believe 

73 


THE   EDUCATIONAL   OCTOPUS 

I  was  too  happy  to  worry  much  over  finances  in  those 
days,  for  my  relief  that  mother  and  child  had  passed 
through  the  great  ordeal  was  exceeding  great. 

I  used  to  walk  to  the  Boothby  Hospital,  where  they 
were  until  Allan  was  two  weeks  old,  making  myself  a 
daily  nuisance  to  the  nurses,  I  have  no  doubt.  But  to 
be  with  my  pug-nosed  son  and  his  mother,  was  a  suffi- 
cient inducement  to  cause  me  to  brave  even  the 
Gorgon  Medusa  herself. 

Throughout  this  year  of  financial  struggle  I  never 
breathed  to  a  soul,  except  to  my  wife  and  Mr.  Frost,  that 
the  school  was  not  highly  prosperous,  for  so  to  do  would 
have  been  suicidal  to  my  plans.  It  is  said  that  when 
Washington  was  in  command  of  the  Continental  Army, 
he  chafed  sorely  under  the  necessity  of  spreading  broad- 
cast optimistic  reports  of  the  size  and  equipment  of  his 
army  in  order  to  keep  the  British  from  knowing  the 
truth,  because  these  very  optimistic  reports  misled  the 
people  and  caused  them  to  misjudge  Washington  for 
not  accomplishing  more. 

During  all  the  years  of  stress  and  hardship,  I  was 
placed  in  much  the  same  position,  not  even  daring  to 
disclose  to  the  members  of  the  faculty  the  financial 
condition  of  the  school,  lest  it  should  discourage  them, 
or  by  some  mischance  be  noised  abroad  and  reach  the 
ears  of  the  rival  school  and  cause  redoubled  efiForts  to 
crush  the  youthful  enterprise, 

I  verily  believe  that  in  years  of  the  school's  gravest 
peril  I  would  certainly  have  been  forced  to  the  wall 
financially  and  thus  obliged  to  discontinue  the  school  had 
our  enemies  known  of  their  opportunity  for  successful 
attack.  But,  as  it  was,  they  labored  under  the  impression 
that  the  school  was  a  successful  financial  venture,  and 
their  opportunity  unwittingly  passed. 

74 


SCHOOL  FINANCES   REAL  AND  APPARENT 

As  I  have  intimated,  however,  this  strategic  silence 
subjected  me  to  misunderstandng  from  my  assistants. 
At  times  even  when  the  school  revenue  was  so  small 
that  I  had  not  only  to  serve  without  a  salary  myself,  but 
also  to  pledge  my  personal  credit  and  borrow  money  to 
pay  the  running  expenses  of  the  school,  some  of  the  fac- 
ulty murmured  because  they  were  not  being  paid  as 
much  as  they  deemed  proper,  because  of  the  supposed 
revenue  of  the  school. 

It  is  a  favorite  trick  of  the  amateur  financier  to  multi- 
ply the  tuition  rate  per  year  by  the  maximum  number  of 
students  who  register  during  the  year  and  call  that 
result  the  school  revenue,  whereas  if  the  school  revenue 
reaches  two-thirds  of  that  figure  the  school  treasurer  is 
indeed  fortunate. 

Not  only  does  the  uninitiated  arrive  at  a  false  conclu- 
sion as  to  the  total,  but  he  usually  errs  as  much  in  the 
opposite  direction  when  trying  to  figure  out  the  oper- 
ating expenses  of  the  school,  for  he  knows  nothing  of 
the  hundred  and  one  incidental  but  absolutely  essential 
expenditures  that  total  a  surprisingly  large  drain  upon 
a  slender  exchequer. 

But  I  was  obliged  to  accept  these  annoying  misunder- 
standings, particularly  during  the  legislative  contest,  with 
as  good  grace  as  possible;  for  an  exposure  of  the  finan- 
cial weakness  of  the  school  would  have  been  too  great  a 
risk,  even  in  justification  of  myself.  I  have  spoken  of 
these  matters  at  length,  not  because  in  the  year  1907-1908 
any  of  my  teachers  were  inclined  to  misunderstand,  but 
because  the  policy  was  then  inaugurated  of  outwitting 
the  enemies  of  the  school  by  refraining  from  correcting 
the  amateur  financiers  in  their  estimates  of  the  financial 
strength  of  the  institution. 

75 


THE   EDUCATIONAL   OCTOPUS 

CHAPTER  XVII. 

The  School  Wins  Friends  and  "Free  Advertising." 

From  all  viewpoints,  except  financial,  the  school 
year  of  1907-1908  was  a  great  success.  The  enthusiasm 
and  loyalty  of  the  students  seemed  to  increase  with 
every  month  of  school.  A  school  debating  club  was 
formed  in  October  1907.  It  so  happened  that  Hugh 
A.  Quinn,  the  young  man  referred  to  in  the  opening 
chapter  of  this  history,  and  at  whose  suggestion  I  had 
embarked  upon  my  career  as  a  law  teacher,  was  the 
first  President  of  the  organization,  for  he  had  resumed 
his  study  of  law. 

I  made  it  a  point  to  attend  the  sessions  of  the  club, 
and  it  became  a  means  of  staging  mock  trials  and  in- 
troducing social  features  quite  necessary  to  the  well 
being  of  the  school.  The  club  survived  for  two  years 
and  was  succeeded  by  class  organizations,  some  of 
them  of  very  brief  duration. 

In  preparing  for  the  1908-1909  catalogue,  which  was 
issued  about  April  1908,  I  had  determined  upon  a 
number  of  important  features  for  the  new  year.  One 
was  the  creation  of  an  "Advisory  Council,"  to  which 
I  could  take  questions  of  school  policy.  In  pursuance 
of  that  plan  I  secured  the  following  prominent  men  to 
serve  as  my  official  advisers :  Dr.  Melville  M.  Bigelow, 
Dean  of  Boston  University  Law  School ;  Judge  John 
A.  Bennett  of  the  Boston  Municipal  Court  and  J. 
Merrill  Boyd,  Secretary  of  Boston  University  Law 
School. 

It  had  become  necessary  also  to  enlarge  the  faculty 
of  the  school,  which  I  did  by  appointing  the  following 

76 


THE   SCHOOL  WINS   FRIENDS 

additional  lawyers,  A.  Chesley  York,  George  L.  Ells- 
worth and  Thomas  J.  Boynton  (later  Attorney-Gen- 
eral of  Massachusetts). 

I  remember  very  well  my  first  meeting  with  Mr. 
Boynton.  At  that  time  he  had  recently  been  mayor  of 
Everett,  Mass.  We  had  a  student  in  the  school  who 
was  a  very  warm  admirer  of  Mr.  Boynton,  although 
he  was  a  Republican  while  Mr.  Boynton  was  a  Demo- 
crat. The  singular  situation  of  a  Republican  so  cor- 
dially praising  a  Democrat,  and  especially  because  of 
the  splendid  things  he  said  of  him,  attracted  my  at- 
tention and  led  me  to  believe  that  he  would  be  just 
the  lawyer  I  needed  to  teach  Legal  Ethics  to  my 
students. 

So  I  called  upon  Mr.  Boynton  in  his  Boston  office. 
My  first  interview  so  fully  confirmed  all  that  had  been 
told  me  of  the  man  that  I  explained  to  him  what  I  was 
trying  to  accomplish  with  the  school,  and  invited  him 
to  join  the  faculty.  He  promptly  accepted,  and  from 
that  day  forward  has  been  a  most  loyal  friend  both  to 
myself  and  to  the  school. 

I  appreciated  Mr.  Boynton  all  the  more  after  I  had 
attempted  to  induce  other  prominent  men  to  lecture 
to  my  students  during  the  ensuing  year,  only  to  be 
turned  down  flatly  by  the  most  of  them  and  by  the 
others  either  ignored,  or  a  price  set  for  a  lecture  so 
far  above  what  the  school  could  afford  to  pay,  that  it 
was  equivalent  to  a  refusal. 

I  thus  learned  very  early  that  I  could  expect  neither 
assistance  nor  encouragement  from  prominent  lawyers 
or  judges  of  Boston  who  belonged  with,  or  catered  to, 
the  "high  brow"  element.  My  mission  was  the  up- 
lifting of  poor  boys;  and  it  was  impressed  upon  me 

77 


THE   EDUCATIONAL   OCTOPUS 

many  years  during  the  course  of  years,  especially  dur- 
ing the  legislative  contest  with  the  "Educational  Oc- 
topus," that  I  was  doing  something  very  wrong ;  that 
these  young  men  belonged  in  the  "lower  order"  in 
which  they  were  born,  and  to  educate  them  was,  as 
one  of  the  so-called  "intellectuals"  phrased  it,  three 
years  ago  in  my  presence,  "like  trying  to  turn  cart 
horses  into  trotters." 

I  defended  myself  on  the  ground  that  nothing  better 
could  be  expected  of  me  since  I  was  bom  one  of  the 
"lower  order"  and  was  therefore  a  "cart  horse,"  but 
one  moreover  that  some  of  the  "trotters"  like  himself 
seemed  to  be  afraid  to  try  an  intellectual  race  with. 

I  greatly  appreciated,  therefore,  the  spirit  of  Mr. 
Boynton,  so  different  from  other  prominent  lav/yers 
with  whom  I  had  come  in  contact.  I  appreciated  es- 
pecially his  willingness  to  become  a  member  of  the 
faculty  of  my  unknown  and,  at  that  time,  insignificant 
school. 

I  appreciated  also  the  kindness  of  Dean  Bigelow  and 
of  Secretary  Boyd  of  the  Law  School  from  which  I 
had  graduated,  for  in  allowing  their  names  to  appear 
in  the  1908-1909  catalogue  as  members  of  the  Advisory 
Council  they  each  rendered  a  great  service  to  the  school 
in  that  critical  period.  The  friendship  of  Judge  Ben- 
nett was  also  very  helpful,  for  his  office  was  in  the 
same  building  with  the  school,  and  he  had  opportunity 
to  observe  what  we  were  accomplishing. 

In  issuing  the  catalogue  that  Spring  I  felt  sure  that 
the  indorsement  of  my  school,  conveyed  by  the  names 
of  these  prominent  men,  would  assist  very  materially 
in  the  registration  of  new  students,  and  so  it  proved. 

To  that  date  the  school  had  never  been  able  to  se- 

78 


THE   SCHOOL  WINS   FRIENDS 

cure  any  recognition  from  the  Boston  newspapers.  As 
one  of  the  editors  of  the  Globe  told  me,  at  about  tha.t 
time,  news  items  concerning  the  school  would  be  "free 
advertising,"  and  if  I  wanted  advertising  I  must  pay 
for  it.  But  through  a  bit  of  good  fortune  I  secured 
shortly  after  that  some  "free  advertising"  in  a  very 
unexpected  way,  even  from  the  Globe  itself. 

The  incident  occurred  at  the  school  banquet  April 
30th,  1908.  We  had  as  guests  on  that  evening  Mr. 
Boynton,  Judge  Bennett,  the  late  Professor  A.  C.  Boyd 
and  Secretary  Boyd.  I  was  seated  at  the  foot  of  the 
table  away  from  the  rest  of  the  speakers.  One  of  the 
enterprising  members  of  the  banquet  committee  had 
sent  tickets  to  the  newspapers,  and  it  so  happened 
that  a  reporter  for  the  Globe  sat  beside  me  at  the  foot 
of  the  table.  This  does  not  signify  that  our  banquet 
would  have  been  mentioned  in  the  morning  papers,  for 
it  has  sometimes  happened  to  the  school  that  the  re- 
porter who  ate  the  heartiest  was  least  likely  to  men- 
tion us  in  his  paper  next  morning. 

The  reporter  who  sat  beside  me  noticed  Judge  Ben- 
nett at  the  head  of  the  table  and  asked  me  what  the 
judge  would  talk  about,  casually  mentioning  that  he 
had  sentenced  a  notorious  agitator  in  court  that  day 
for  incendiary  utterances.  I  had  not  heard  of  it,  but 
having  been  a  reporter  myself,  I  at  once  saw  that  if 
Judge  Bennett  should  refer  to  the  agitator  it  would  be 
"news." 

I  therefore  wrote,  on  one  of  my  cards,  a  note  to 
Judge  Bennett  asking  him  to  tell  the  company  about 
the  incident  of  the  day  if  he  thought  it  proper.  Sure 
enough,  when  the  Judge  arose  he  told  us  he  had  given 
the  offender  "the  limit"  because  of  the  nature  of  his 
offense. 

79 


THE  EDUCATIONAL  OCTOPUS 

The  next  morning  the  Globe  came  out  with  an  ac- 
count of  the  banquet  and  a  long  quotation  from  Judge 
Bennett's  remarks.  Other  papers  copied  it  and  the 
school  received  a  lot  of  "free  advertising." 


80 


ASSAILED   BY   SUFFRAGETTES 


CHAPTER  XVIII. 

Assailed  by  Suffragettes. 

A  few  days  after  the  banquet  I  was  in  conversation 
with  the  city  editor  of  the  Boston  Journal,  who  took 
me  to  task  for  not  notifying  his  paper  of  the  banquet. 
It  was  easy  enough  to  excuse  myself,  for  the  banquet 
committee  had  taken  charge  of  the  affair  and  notified 
the  newspapers.  I  assured  him  that  I  would  not  have 
overlooked  the  Journal  and  gave  him  a  glowing  ac- 
count of  the  school  and  my  plans  for  its  future. 

When  we  parted  he  asked  me  to  notify  him  of  our 
next  public  function  and  I  promised  to  do  so.  Of 
course  I  fully  appreciated  the  value  of  news  items  in 
establishing  the  reputation  of  the  school,  but  at  the 
time  I  could  not  think  of  any  occasion  that  would 
come  for  a  full  year  when  I  could  make  use  of  the  kind 
offices  of  the  Journal. 

That  night,  however,  I  awoke  in  the  "wee  small'* 
hours  and  worked  out  a  plan  that  promised  more  pub- 
licity for  the  school.  We  had  as  yet  no  graduating 
class,  but  I  conceived  the  idea  of  holding  public  exer- 
cises at  the  close  of  the  school  year. 

I  at  once  got  in  touch  with  the  debating  club  and 
outlined  a  plan  for  an  amusing  mock-trial,  an  action  of 
tort  for  assault  and  battery  with  a  soup  bone,  based 
upon  an  actual  happening  to  one  of  our  students  who 
worked  in  a  market.    The  Journal  gave  the  affair  an 

8i 


THE  EDUCATIONAL  OCTOPUS 

advance  "write-up"  with  four  photographs,  and  the 
Boston  Post  did  likewise,  using  two  photographs, 
mine  being  one  of  those  used  in  each  case. 

I  had  engaged  a  hall  in  Tremont  Temple  and  the  ex- 
ercises were  there  held  May  i8,  1908.  Reporters  from 
various  newspapers  were  present.  I  was  the  first 
speaker,  followed  by  Mr.  Boynton  and  Judge  Oscar  A. 
Marden,  who  later  presided  over  the  mock-trial.  The 
affair  was  a  complete  success. 

My  address  was  on  a  topic  that  I  rightly  divined 
would  attract  attention — the  question  of  co-education 
in  our  law  school.  I  placed  myself  on  record  as  square- 
ly against  it  and  announced  our  school  policy  to  main- 
tain classes  exclusively  for  men. 

The  newspapers  came  out  on  the  following  morning 
with  long  articles,  the  principal  part  of  which  con- 
cerned my  remarks.  "The  Record"  had  in  big  head- 
lines, "Archer  Would  Bar  Women"  and  the  Journal 
"Jolts  Co-Education  at  Suffolk  Law  School,"  while 
other  papers  had  headings  similar  in  tone.  Mr.  Boyn- 
ton had  commented  mildly  on  my  remarks  on  co-edu- 
cation, so  one  newspaper  ran  three  headings,  "Would 
Bar  Women  From  Men's  Law  School."  "Dean  Ar- 
cher Stirs  Up  Faculty  to  Reply."  "Closing  Exercises 
of  Evening  Law  School  Marked  by  Lively  Debate  as 
to  Policy." 

Some  papers  misquoted  my  words  and  I  caused  cor- 
rected versions  of  my  remarks  to  be  published  the  next 
day  in  the  offending  papers.  This  correction  was  brief, 
so  I  shall  offer  it  in  this  connection  to  illustrate  both 
the  incident  and  the  policy,  for  it  expressed  my  firm 
conviction  and  has  been  adhered  to  by  the  school 
throughout  its  history. 

82 


ASSAILED   BY   SUFFRAGETTES 

DEAN   ARCHER  MAKES   CORRECTION. 

To  the  Editor  of  the  Advertiser:  In  view  of  the  fact 
that  the  morning  papers  misquoted  my  remarks  on  co- 
education at  the  closing  exercises  of  the  SuflFolk  School 
of  Law  at  Tremont  Temple  last  evening,  I  wish,  in 
justice  to  the  school  which  I  represent  and  to  the  very- 
estimable  young  ladies  who  sometimes  study  law,  to 
make  a  correction. 

"I  am  represented  as  saying  the  following: 

"A  lot  of  women  is  not  conducive  to  progress  in  the 
class.  Men  are  gallant.  No  instructor  can  teach  well 
and  no  student  can  study  acceptably  under  such  a 
system.  If  we  admitted  women  we  would  be  intro- 
ducing a  lowering  element." 

"But  I  really  said.  'The  Suffolk  School  of  Law  aims 
to  put  in  the  way  of  each  of  its  students  the  best  possi- 
ble conditions  of  study.  Now  there  are  some  men,  and 
perhaps  a  large  percentage,  to  whom  the  presence  of  a 
lady  in  class  is  not  conducive  to  strictest  application 
to  the  discussions  of  the  class.  Man  is  naturally  senti- 
mental and  inclined  to  gallantries  towards  the  op- 
posite sex.  A  few  such  in  a  class  will  furnish  amuse- 
ment for  all  others.  They  will  watch  the  shy  glances 
and  miss  no  opportunity  to  tease  the  suspected  party 
or  parties.  An  instructor  cannot  hold  undivided  at- 
tention under  such  circumstances.  So  we  feel  sure 
that  in  admitting  lady  students  to  our  classes  we  would 
be  introducing  a  distracting  element,  that  might  lower 
the  high  standard  of  scholarship  hitherto  maintained 
by  the  students  of  the  Suffolk  School  of  Law." 

May  20,  1908.  Gleason  L.  Archer."     • 

Nothing  could  have  been  more  timely  or  valuable  as 
publicity  for  the  school.    But  its  value  as  a  news  feat- 

83 


THE  EDUCATIONAL   OCTOPUS 

ure  was  heightened  by  the  fact  that  I  was  assailed  by 
the  suffragettes.  One  of  the  Sunday  papers  came  out 
with  a  feature  article,  containing  opinions  from  women 
lawyers  on  the  issue  I  had  raised.  One  of  the  intro- 
ductory paragraphs  was  as  follows : 

"When  Dean  Gleason  L.  Archer  of  the  Suffolk  Law. 
School  came  forth  declaring  that  the  presence  of  wom- 
en in  classes  attended  by  men  is  not  conducive  to 
study,  he  hardly  realized  the  storm  of  adverse  criticism 
that  his  remarks  would  arouse." 

It  is  true  that  I  hardly  realized  the  amount  of  pub- 
licity my  remarks  would  receive.  But  every  assault 
added  to  the  interest  taken  by  the  public  in  the  youth- 
ful institution. 

But  a  greater  event  was  to  occur  within  two  months 
that  would  demonstrate  emphatically  the  real  worth 
of  the  school. 


84 


THE  FIRST  LAWYER  FROM   OUR   SCHOOL 


CHAPTER  XIX. 

The  First  Lawyer  From  Our  School. 

The  school  had  now  been  running  for  two  years.  I 
was  beginning  to  look  forward  to  the  time  when  my 
students  should  meet  the  exacting  test  of  the  bar  ex- 
aminations, and  the  success  or  failure  of  the  school  be 
thus  publicly  demonstrated.  While  no  school  should 
content  itself  with  merely  imparting  sufficient  knowl- 
edge to  pass  the  bar  examinations,  yet  it  is  the  only 
test  by  which  the  public  can  estimate  the  worth  of  a 
law  school.  I  knew  from  my  own  experience  with 
day  students  that  the  young  men  who  were  attending 
my  school  were  more  firmly  grounded  in  each  subject 
than  the  average  day  student. 

But  I  realized  that  there  were  at  least  three  obstacles 
to  a  good  bar  examination  record  for  my  school.  The 
first,  was  the  fact  of  the  school's  brief  existence  and  its 
humble  origin.  The  second,  was  the  prejudice  existing 
generally  against  evening  students.  The  third,  was 
the  most  formidable  of  all — the  young  men  attending 
my  school  had  very  little  general  education.  There 
was  only  one  man  in  the  Junior  Class  who  was  even 
a  high  school  graduate,  the  rest  of  them  having  no 
more  than  grammar  school  training.  Whatever  record 
the  school  might  make  in  the  bar  examinations  must 
be  made  by  these  untrained  men  in  competition  with 
college  graduates  from  Harvard  Law  School  and  col- 

85 


JHE  EDUCATIONAL  OCTOPUS 

lege  and  high  school  men  from  the  other  law  schools. 

I  was  well  aware  that  any  law  school  can  train  a 
college  graduate,  for  the  well-disciplined  mind  can  as- 
similate knowledge  under  the  most  indifferent  system 
of  instruction,  but  to  take  the  "raw  material,"  as  our 
students  might  be  termed,  and  train  them  by  evening 
instruction  so  that  they  might  make  a  creditable  record 
in  competition  with  splendidly  educated  day  students 
who  had  all  their  time  for  study,  is  the  severest  kind  of 
a  test  for  any  institution. 

So  when,  in  June,  1908,  Roland  E.  Brown,  of  the 
Junior  Class  approached  me  for  certification  to  the  bar 
examiners  for  the  time  he  had  been  studying,  I  was 
quite  aghast  at  the  idea  of  his  taking  the  bar  examina- 
tion. While  I  knew  that  day  students  sometimes 
passed  the  bar  after  two  years'  study,  (I  had  accom- 
plished the  feat  myself)  the  cases  were  rare.  In  fact, 
I  knew  of  college  graduates  who  had  finished  the 
three-year  law  course  and  then  been  obliged  to  take 
the  bar  examinations  five  or  six  times  before  passing. 
Some  of  my  own  classmates  in  the  law  school  were 
still  taking  the  bar  examinations  in  1908. 

But  Brown,  a  machinist  by  trade,  with  only  a  com- 
mon school  education  and  two  years  of  night  training 
in  law,  could  not  hope  for  success.  Still  I  had  a  deep 
sympathy  for  him.  I  cautioned  him  not  to  be  disap- 
pointed if  he  failed,  for  there  was  not  one  chance  in 
ten  of  his  passing  the  bar  examination.  But  I  gave 
him  the  certificate  of  two  years'  study. 

It  is  needless  to  say  that  when,  on  July  23,  1908,  the 
list  of  successful  candidates  for  admission  to  the  bar 
was  published  and  I  saw  the  name  of  Roland  E.  Brown 
upon  it,  I  was  as  happy  as  Brown  himself.    It  was  a 

86 


JHE  FIRST  LAWYER  FROM   OUR   SCHOOL 

wonderful  achievement  for  the  school.  I  at  once  saw 
that  if  the  fact  became  known,  it  would  mean  a  tre- 
mendous boom  for  the  institution. 

My  own  experience  as  a  newspaper  man  led  me  to 
adopt  the  very  expedient  that  would  make  real  news  of 
the  incident.  I  immediately  arranged  a  reception  in 
Brown's  honor  at  my  house  and  gave  the  story  to  the 
Journal. 

The  next  morning  I  arose  very  early  and  went  out  to 
a  news-stand  for  the  "Journal."  The  eagerness  with 
which  I  scanned  the  paper  was  rewarded,  for  in  a  very 
conspicuous  place  was  Brown's  picture,  accompanied 
by  the  following  article. 

TWO  YEIIB  STUDENIJECOMES  LMER 

Dean  Archer,  Who  Advised  Roland  Brown  to  Wait> 

to  Give  Reception  in  Honor  at  the  Archer 

Residence. 


"The  old,  old  story  of  T  told  you  so,'  has  a  modern 
variation.  Roland  E.  Brown  of  the  Junior  Class  of  the 
Suffolk  School  of  Law  wanted  to  take  the  bar  exami- 
nation in  June  of  this  year.  Dean  Archer  told  him  not 
to  be  so  rash,  that  he  would  fail  without  doubt  and  his 
$15.  w^ould  be  thrown  away. 

"But  Brown  had  confidence — lots  of  it,  and  he  took 
the  examination.  Now  he  is  smiling,  for  the  list  of 
successful  candidates  that  came  out  yesterday  had 
"Brown"  upon  it  in  big  letters.  It  also  transpires  that 
Dean  Archer  has  gracefully  receded  from  his  position, 

87 


JHE   EDUCATIONAL  OCTOPUS 

for  it  is  announced  that  a  reception  in  Brown's  honor 
will  be  given  at  the  home  of  the  Dean  next  Monday 
evening. 

"Brown's  record  in  passing  the  bar  examination  after 
but  two  years  of  attendance  at  an  evening  school  is  a 
remarkable  one." 

Several  other  newspapers  gave  the  affair  a  news 
item,  and  the  Globe,  which  not  long  before  had  refused 
to  give  the  school  "free  advertising,"  sent  a  reporter  to 
me  to  get  further  details  for  a  longer  article,  which 
was  later  published  with  Brown's  picture. 

The  reception  was  held  according  to  schedule  in  the 
old  school  room  at  6  Alpine  street,  where  Brown  had 
begun  his  studies  in  December,  1906,  as  related  in  an 
earlier  chapter  of  this  history. 


88 


THE  GOOD   SAMARITAN 


CHAPTER  XX. 

The  Good  Samaritan. 

Some  time  prior  to  the  bar  examinations  the  ques- 
tion of  a  suitable  school  seal  had  been  under  consid- 
eration. Even  while  the  school  was  in  Roxbury  the 
demand  for  some  visible  insignia  to  be  worn  by  the 
students  had  resulted  in  a  monogram  pin  in  the  form 
of  a  letter  "A"  with  "law  school"  upon  it.  Now  that 
the  school  name  had  changed  from  Archer  Law  School 
to  Suffolk  School  of  Law,  a  new  pin  became  necessary. 

We  had  spent  some  time  trying  to  devise  a  suitable 
design  for  a  seal.  A  firm  of  jewellers  were  also  work- 
ing upon  plans  to  submit  to  me.  But  one  day  in  June 
1908,  as  I  was  sitting  at  my  desk,  the  present  school 
seal  flashed  as  a  mental  picture  across  my  mind.  I 
sketched  it  out  hurriedly  on  the  back  of  an  envelope 
exactly  as  it  exists  today,  even  to  the  motto,  scales  of 
justice,  etc.,  so  vividly  had  the  picture  impressed  itself 
upon  me. 

Taking  it  immediately  to  the  jewelers'  to  compare 
with  their  designs,  we  at  once  decided  upon  it  and  I 
ordered  the  die  made  for  school  jewelry.  The  first 
tangible  reproduction  of  the  school  seal  is  on  the  gold 
pin  that  I  have  worn  ever  since,  the  first  pin  made 
from  that  die. 

Shortly  after,  I  had  a  cut  made  of  the  design  and 
ordered  the  first  printed  matter  to  bear  the  imprint  of 

89 


JHE  EDUCATIONAL  OCTOPUS 

the  seal — a  stock  of  letter  heads,  with  the  seal  in  the 
left  hand  corner. 

It  so  happened  that  the  first  use  of  the  new  letter 
heads  was  called  forth  by  Brown's  success  in  the  bar 
examinations,  for  I  purchased  several  hundred  copies 
of  the  issue  of  the  Journal  containing  the  article, 
clipped  them  and  sent  out  letters  to  all  the  men  on  my; 
mailing  list,  with  a  clipping  enclosed. 

I  was  my  own  office  boy  and  stenographer.  I  well 
remember  how  I  labored  in  my  dingy  little  office  to 
get  out  that  issue  of  letters.  I  used  an  old  style  dia- 
phram  mimeograph.  If  I  remember  correctly,  some  of 
the  men  who  afterward  became  students  in  the  school, 
having  read  of  Brown's  success  in  the  papers,  called 
at  the  office  and  found  me  in  the  humble  employment 
of  printer's  devil — and  inquired  for  the  Dean! 

But  I  was  already  somewhat  used  to  those  things, 
for  lack  of  funds  to  hire  help  obliged  me  personally  to 
act  as  janitor,  office  boy,  stenographer  and  even  car- 
penter during  the  years  of  the  school's  adversity. 

No  immediate  response  resulted  from  the  letters,  but 
I  felt  very  confident  that  results  would  be  forthcoming. 
My  greatest  worriment  was  that  of  financing  the 
school  until  opening  time.  Quite  a  number  of  men 
were  still  owing  tuition.  I  sent  out  a  special  appeal 
to  the  delinquents,  offering  a  liberal  discount  upon 
their  bills  if  they  would  raise  the  money  and  pay  up; 
but  very  few  of  them  responded,  less  than  forty  dollars 
being  paid. 

Reduced  to  the  last  extremity,  and  unable  to  pay 
either  the  rent,  or  finance  an  advertising  campaign,  I 
was  obliged  to  go  to  Mr.  Frost  for  a  loan.  This  neces- 
sity was  especially  distasteful  because  of  the  fact  that 

90 


THE   GOOD    SAMARITAN 

after  I  graduated  from  the  law  school  Mr.  Frost  had 
astonished  me,  in  spite  of  all  his  wonderful  kindness 
previously,  by  saying  that  the  loans  which  he  had  made 
to  me  while  I  was  a  student,  and  which  I  hoped 
shortly  to  begin  to  repay,  were  not  loans  but  gifts. 
Very  naturally,  therefore,  I  hesitated  at  asking  for 
more  loans,  lest  it  appear  that  I  was  of  the  barnacle 
variety  that  repays  one  kindness  by  begging  for  an- 
other. 

However,  I  went  to  him  and  stated  my  case,  and  he 
very  promptly  loaned  me  two  hundred  dollars.  With 
renewed  courage  I  set  about  the  advertising  campaign. 
By  September  i,  1908,  thirteen  new  men  had  regis- 
tered. The  prospects  were  indeed  rosy,  and  I  began  to 
feel  confident  that  my  Freshman  Class  would  exceed 
both  the  upper  classes  combined. 

But  it  was  a  long,  weary  season.  I  was  on  duty 
day  and  evening  at  the  office,  until  I  felt  hardly  ac- 
quainted with  my  baby  boy,  for  he  was  always  asleep 
when  I  was  at  the  house.  But  stragglers  came  in  with 
encouraging  frequency,  and  when  opening  day  arrived 
I  had  already  registered  thirty-five  new  men. 

To  say  that  I  was  relieved  and  happy  is  to  put  it 
mildly.  Knowing  that  I  had  no  lecture  rooms  at  53 
Tremont  Street  large  enough  to  accommodate  the 
crowd  that  was  likely  to  attend  the  opening  lecture,  I 
engaged  Social  Hall  in  Tremont  Temple  for  opening 
night. 


91 


THE   EDUCATIONAL   OCTOPUS 


CHAPTER  XXI. 

A  Great  Boom  for  the  School. 

The  school  opened  for  the  year  on  the  evening  o] 
September  28,  1908,  and  opening  night  is  always  a 
very  strenuous  occasion  for  me.  This  proved  to  be  an 
especially  busy  evening,  for  a  great  many  Freshmen 
came  to  my  office  before  going  to  Tremont  Temple, 
and  many  of  the  upper  classmen  desired  to  see  me 
personally,  before  the  lectures  began.  Rumors  kept 
pouring  in  that  a  large  number  of  Freshmen  were 
gathering  in  Social  Hall,  for  some  of  the  upper  class 
men  called  there  out  of  curiosity  before  coming  to  the 
school. 

When  I  arrived  at  the  hall  to  deliver  the  opening 
lecture  I  was  overjoyed  to  find  that  the  rumors  were 
well  founded.  A  far  larger  crowd  than  I  had  expected, 
awaited  my  appearance. 

The  men  eyed  me  with  a  good  deal  of  curiosity,  as 
I  opened  my  green  bag  and  laid  out  on  the  lecture 
table  my  lecture  notes,  application  blanks,  paper,  in- 
dex-cards, etc.,  each  to  be  used  later  in  the  evening. 
But  I  was  as  interested  to  see  my  new  pupils  as  they 
to  see  me,  and  it  was  a  very  gratifying  sight  indeed 
— so  many  intelligent,  earnest  faces. 

The  lecture  passed  off  with  great  apparent  success. 
When  I  distributed  the  index-cards  for  the  names, 
addresses  and  division,  whether  early  or  late,  nearly 

92 


A  GREAT  BOOM  FOR  THE  SCHOOL 

every  man  in  the  room  signed  his  card.  I  organized 
the  class  into  three  divisions,  and  appointed  the  lec- 
ture rooms  and  evenings  for  those  divisions. 

Luckily  for  me,  the  building  at  53  Tremont  Street 
was  nearly  tenantless,  so  I  had  secured  the  fourth 
floor  and  a  large  room  on  the  third  floor  opposite  the 
school  office  and  library.  This  great  influx  of  students 
could,  therefore,  be  handled  without  difficulty. 

Little  did  I  realize  that  not  until  1914  would  I  meet 
a  larger  class  of  Freshmen,  nor  that  these  men  who 
had  just  entered  would  participate  as  students  in  the 
first  great  legislative  campaign  for  power  to  confer 
degrees.  But  I  returned  home  that  night,  happy  in 
the  belief  that  the  school  had  passed  through  its 
period  of  greatest  adversity  and  trial,  and  that  the 
way  from  this  time  forward  would  be  steadily  upward 
from  one  success  to  another,  little  dreaming  of  the 
Educational  Octopus  whose  tentacles  were  even  now 
creeping  uneasily  in  my  direction.  The  school  had  at 
a  single  bound  become  a  factor  unwelcome  to  the 
intrenched  monopoly  of  the  educational  world. 

By  the  close  of  the  first  week  sixty-two  Freshmen 
had  registered.  This  number  was  later  increased  un- 
til more  than  seventy  new  students  were  enrolled. 
The  lecture  rooms  at  53  Tremont  Street  were  taxed 
to  their  utmost. 

But  in  the  midst  of  my  busy  labors  troubles  arose 
in  the  Senior  Class,  the  same  class  that  had  mutinied 
the  year  before.  The  cause  was  not  far  to  seek.  In 
a  moment  of  unwise  compassion  I  had  allowed  one 
of  the  ringleaders  of  the  trouble  of  the  previous  year 
to  return  to  the  school.  He  had  seemed  properly 
chastened  and  repentant,  and  I  thought  that  his  pun- 
ishment had  been  severe  enough. 

93 


THE   EDUCATIONAL  OCTOPUS 

But  he  had  no  sooner  returned  than  he  began  to 
foment  trouble,  secretly  endeavoring-  to  poison  the 
minds  of  the  students,  not  only  in  his  own  class  but 
in  the  lower  classes  as  well. 

The  first  rumors  of  trouble  had  already  come  in 
when  an  event  occurred  that  brought  matters  to  a 
climax  and  roused  my  wrath  as  it  has  seldom  been 
roused  by  a  student.  We  had  in  those  days  a  common 
bulletin  board  without  a  glass  door  in  front.  I  came 
into  the  corridor  one  evening  just  in  time  to  see  three 
seniors  scurry  away  from  the  bulletin  board  in  a 
manner  that  aroused  my  suspicion, 

I  had  that  day  posted  a  notice  with  reference  to 
class  meetings,  stating  among  other  things  that  stu- 
dents would  "be  permitted"  to  use  lecture  rooms  by 
obtaining  permission  from  the  Dean.  The  word  "per- 
mitted" had  been  heavily  underscored  and  something 
had  been  printed  in  pencil  underneath  the  notice,  the 
nature  of  which  I  have  now  forgotten  but  which  was 
a  malicious  insult  to  me  and  my  authority  as  Dean. 
I  knew  immediately  that  one  of  three  possible  culprits 
had  committed  the  act. 

I  met  the  challenge  of  my  authority  by  posting  an 
exact  copy  of  the  mutilated  notice,  together  with  a 
second  notice  to  the  effect  that  any  student  who  there- 
after in  any  way  molested  a  notice  on  the  bulletin 
board  would  be  expelled  from  the  school.  I  then 
visited  the  senior  lecture  room  and  informed  the  class 
of  the  outrage,  notifying  them  that  unless  the  per- 
petrators of  the  insult  apologized  to  me  within 
twenty-four  hours  I  would  expel  the  suspected  par- 
ties from  the  school. 

On  the  following  day  I  wrote  a  letter  of  expulson 
for  each  of  the  three  men;  for  I  had  not  yet  heard 

94 


A  GREAT  BOOM  FOR  THE  SCHOOL 

from  them.  But  desiring  to  know  if  possible  the  one 
who  had  done  the  printing  I  grilled  each  of  the  sus- 
pected parties,  all  of  whom  denied  the  act.  Finally, 
the  one  that  I  least  suspected,  and  concerning  whom 
I  would  never  have  entertained  the  slightest  suspicion 
had  I  not  seen  him  with  the  others,  confessed  that 
he  had  done  the  printing  and  humbly  apologized. 

It  was  somewhat  of  a  shock  to  me,  for  this  man 
had  appeared  to  be  the  most  loyal  of  all  my  students 
and  had  certainly  enjoyed  my  confidence  more  than 
any  other  student,  either  before  or  since.  But  he  had 
forfeited  that  confidence  now.  I  believe  that  the 
shame  that  he  felt  caused  him  to  leave  the  school, 
for  he  shortly  thereafter  withdrew  as  a  student. 

But  he  had  given  a  clue  to  the  real  trouble  maker 
and  this  clue  pointed  straight  to  the  very  man  who 
had  been  the  ringleader  of  the  previous  insurrection. 
I  had  already  interviewed  the  man,  for  he  was  one  of 
the  three  suspects,  but  he  had  denied  complicity  in 
the  affair. 

Not  wishing  to  have  trouble  with  the  man  at  the 
school,  I  called  at  his  office  to  have  it  out  with  him 
in  private. 

Denials  and  evasions  were  of  no  use  this  time,  for 
I  was  determined  to  have  the  truth.  My  experience 
as  a  cross  examiner  had  taught  me  that  one  of  the 
surest  ways  to  obtain  real  information  as  to  a  per- 
son's motives  was  to  get  that  person  excited  and  mad 
clear  through.  This  I  proceeded  to  do  and  I  ob- 
tained the  information  that  I  have  mentioned  in 
Chapter  XV,  but  not  in  connected  form,  for  I  gath- 
ered it  from  various  wrathful  taunts  that  escaped 
from  his  lips. 

I  had  thus  again  reaped  trouble  from  an  imaginary 

95 


THE   EDUCATIONAL   OCTOPUS 

slight  and  from  the  same  individual.  A  few  months 
later  when  his  class  was  graduating  he  demanded  his 
diploma  and  threatened  to  ruin  the  school  if  he  did 
not  get  it.    Needless  to  say,  he  did  not  get  his  diploma. 


96 


MY   FIRST  LAW   WRITING 


CHAPTER  XXII. 

My  First  Law  Writing  and  the  Traveler  Contest. 

The  great  increase  in  students  had  wrought  a  cor- 
responding increase  in  my  duties  at  the  school.  I  soon 
found  myself  facing  a  difficult  problem — that  of 
whether  I  should  or  could  continue  my  law  practice. 
When  I  started  the  school  I  had  not  the  remotest 
idea  of  eventually  giving  up  my  practice,  for  I  liked 
court  work — especially  the  examination  and  cross  ex- 
amination of  witnesses. 

But  I  soon  came  to  the  point  where  it  was  apparent 
to  me  that  I  would  eventually  have  to  choose  between 
the  school  and  law  practice,  for  I  could  not  hope  to 
divide  my  attention  and  perform  either  task  to  the 
best  of  my  ability.  Then,  too,  it  occurred  to  me  that 
it  would  be  belittling  the  school  for  the  Dean  of  a  law 
school  to  go  into  court  and  try  ordinary  cases,  pos- 
sibly against  some  of  his  own  graduates. 

In  December,  1908  when  the  school  work  became  so 
burdensome,  I  reached  the  final  conclusion  that  I 
would  close  up  my  law  practice  and  devote  my  entire 
time  to  the  school.  This  is  a  decision  that  doubtless 
insured  the  permanence  of  the  school,  but  the  time 
later  came  when  I  regretted  that  I  had  not  a  law  prac- 
tice to  fall  back  upon. 

I  have  previously  mentioned  the  mock  trials  that 
were  held  at  the  school.     Co-incident  with  my  deci- 

97 


.THE   EDUCATIONAL  OCTOPUS 

•sion  to  devote  my  entire  time  to  the  school  I  began 
to  extend  the  scope  of  the  work  of  the  school  courts. 
The  jury  was  now  drawn  from  the  Freshman  class 
and  thus  the  trials  were  participated  in  by  all  the 
school. 

I  presided  as  judge  at  all  trials,  but  was  greatly 
burdened  by  the  fact  that  each  trial  meant  instruction 
of  new  men  in  the  necessary  routine  of  the  court 
room.  The  necessity  of  means  of  imparting  this 
knowledge  impressed  itself  upon  me  more  and  more 
as  weeks  passed. 

I  finally  decided  to  prepare  a  scrap  book  (which  is 
still  in  my  possession)  of  writs  in  common  use  with 
full  instructions  concerning  them.  When  this  was 
partially  completed  I  realized  that  it  would  meet  only 
a  part  of  the  diflficulty;  so  I  began  to  draft  instruc- 
tions for  the  complete  handling  of  a  law  suit.  My 
intention  then  was  to  prepare  a  mere  booklet.  But 
as  I  outlined  the  topics  to  be  covered,  I  saw  at  once 
that  a  booklet  would  never  do. 

Without  any  reasonable  hope  of  the  success  of  the 
venture  I  began  on  January  26,  1909,  what  was  to 
prove  my  first  law  book,  "Law  Office  and  Court  Pro- 
cedure." Like  the  beginning  of  the  school,  it  did  not 
impress  me  at  first  as  of  any  great  significance  in 
my  life;  and  I  pursued  its  preparation  in  odd  mo- 
ments, either  at  the  office  or  at  my  home.  My  wife 
has  always  said  that  I  am  never  happy  unless  I  am 
writing,  and  perhaps  that  is  true,  for  there  has  rarely 
been  a  month  in  the  past  ten  years  that  has  not  seen 
my  pen  busy  at  something.  But  I  thoroughly  en- 
joyed law  writing,  and  perhaps  the  very  fact  that  I 
wrote  chapter  after  chapter  of  this  book  with  so  little 
effort  was  what  led  me  to  esteem  it  so  lightly.    I  have 

98 


MY   FIRST  LAW  WRITING 

been  lately  reminded  that  my  customary  excuse  in 
the  winter  of  1909  for  the  time  I  was  devoting  to  the 
book  was  this,  "Of  course  I  never  expect  it  to  be 
published ;  but  it  will  be  useful  for  the  students." 

At  about  the  time  I  began  the  preparation  of  the 
material  for  the  book,  an  event  occurred  that  soon 
brought  about  a  decided  change  in  the  school's  affairs. 
The  building  at  53  Tremont  Street  changed  owner- 
ship. I  was  notified  of  the  fact  by  the  agent  of  the 
new  owners,  and  requested  to  confer  with  him  as  to 
tenancy  of  the  additional  space  which  the  school  was 
using  for  lecture  rooms. 

Somewhat  disturbed  over  this  new  development,  I 
met  the  agent  and  talked  over  the  situation.  A  few 
days  later  I  received  notice  from  him  of  a  consider- 
able increase  in  our  rental.  I  was  naturally  very  in- 
dignant at  what  I  considered  a  hold  up,  and  I  re- 
torted by  threatening  to  remove  from  the  building. 
But  he  evidently  considered  my  threat  empty  words, 
perhaps  shrewdly  believing  that  I  could  not  secure 
adequate  quarters  in  any  other  desirable  location,  es- 
pecially during  the  school  year. 

Prior  to  this  break  with  the  agent  I  had  been  well 
satisfied  with  the  school  home,  for  it  is  one  of  my 
characteristics  to  look  on  the  bright  side  of  any  situa- 
tion in  which  I  find  myself.  But  now  that  this 
trouble  had  arisen,  I  could  see  a  dozen  reasons  why  I 
should  remove  the  school  to  better  quarters. 

Fortunately  for  me  an  organization  that  had  oc- 
cupied considerable  space  in  Tremont  Temple  was 
about  to  remove  to  the  newly  completed  Ford  Build- 
ing after  the  termination  of  a  long  lease.  The  rental 
of  the  place  would  be  considerably  in  excess  even  of 
the  increased  rental  at  53  Tremont  Street ;  but  I  could 

99 


THE   EDUCATIONAL  OCTOPUS 

easily  see  that  the  superior  accommodations  and  sur- 
rounding's might  fully  justify  the  change. 

It  was  a  matter  of  extreme  regret  to  me  however 
that  just  as  the  school  was  getting  onto  its  feet  finan- 
cially it  should  again  be  thrown  into  monetary  diffi- 
culties. I  could  readily  foresee  that  the  revenue  for 
the  year,  slightly  in  excess  of  $3500,  would  be  inade- 
quate for  the  school  needs;  especially  if  we  removed 
to  Tremont  Temple,  with  a  heavy  rental  during  the 
summer  months.  Such  removal  also  involved  a  con- 
siderable outlay  for  furniture,  books  and  book  cases, 
for  we  had  been  having  the  use  of  Mr.  Stone's  law 
library  and  furniture,  and  naturally  could  not  take  his 
property  with  us  to  Tremont  Temple. 

I  have  previously  mentioned  two  loans  from  Mr. 
Frost  of  $200  each  made  to  me  in  the  school's  behalf. 
At  the  time  this  difficulty  developed  I  had  paid  one  of 
them  and  a  part  of  another.  I  now  paid  the  second 
one,  and  consulted  with  Mr.  Frost  as  to  the  advisa- 
bility of  the  change. 

He  met  me  by  appointment  at  Tremont  Temple 
and  we  together  examined  the  premises,  both  of  the 
prospective  home  and  the  present  one.  His  decision 
was  heartily  in  favor  of  the  change,  and  he  asked  me 
for  an  estimate  of  the  cost  of  equipment  of  the  new 
home,  which  I  later  gave  him,  and  he  loaned  me  $500 
for  that  purpose. 

So  I  closed  the  matter  with  the  Tremont  Temple 
people  and,  with  a  great  deal  of  satisfaction,  served 
notice  on  the  agent  of  the  new  proprietor  of  53 
Tremont  Street  that  I  should  terminate  my  tenancy 
on  March  i,  1909.  We  were  occupying  as  tenants  at 
will  and  one  month's  notice  was  sufficient. 

Then  followed  so  strenuous  a  season  for  me  that 

100 


MY  FIRST  LAW  WRITING 

my  law  book  manuscript  was  laid  aside.  I  had  al- 
ready been  negotiating  with  Mr.  John  H.  Fahey,  now 
President  of  the  United  States  Chamber  of  Com- 
merce, but  then  publisher  of  the  Boston  Traveler,  for 
a  voting  contest  to  be  conducted  by  his  paper  in  which 
scholarships  in  the  Suffolk  School  of  Law  were  to  be 
offered  as  premiums. 

Mr.  Fahey  went  about  the  matter  cautiously,  but  I 
convinced  him  of  the  merits  of  my  school,  and  on  Feb- 
ruary 24th,  1909,  a  formal  contract  was  signed,  under 
the  terms  of  which  six  scholarships  were  to  be 
awarded  by  the  Traveler  to  the  successful  contestants. 

The  Traveler  had  already  begun  a  series  of  articles 
descriptive  of  the  school.  Our  contemplated  removal 
to  larger  quarters  was  now  worked  up  to  the  best 
advantage  in  the  columns  of  the  Traveler. 

At  this  time,  also,  I  decided  to  institute  a  loan  li- 
brary of  case  books  for  the  use  of  the  students,  and 
the  first  announcement  of  the  plan  was  made  by  the 
Traveler. 

It  will  be  remembered  in  July,  1908,  Roland  E. 
Brown  of  the  Junior  Class  had  passed  the  bar  exam- 
inations and  thereby  won  great  credit  for  the  school. 
The  next  examination  was  held  in  January  1909,  and 
in  this  examination  also  a  Suffolk  man  was  successful 
— Carl  Collar,  then  in  his  senior  year.  Thus,  out  of  a 
class  of  live  seniors,  (for  that  is  all  that  now  survived 
of  the  original  number),  two  were  already  members 
of  the  bar.  The  Traveler  gave  the  school  a  splendid 
write-up  on  this  latest  achievement. 

The  scholarship  contest  opened  March  i,  1909, 
and  ran  for  two  months  with  about  fifty  young  men 
as  contestants.  The  advertising  value  to  the  school 
of  this  contest  was  incalculable,  but  no  doubt  a  mat- 
ter of  extreme  concern  to  the  other  schools. 

lOI 


.THE  EDUCATIONAL   OCTOPUS 

As  I  look  back  upon  it  now  I  consider  the  Traveler 
contest  to  have  been  one  of  the  greatest  strokes  of 
success  that  I  had  won  up  to  that  time.  When  the 
contest  opened  the  school  was  practically  unknown; 
but  after  the  two  months'  contest  it  was  known  to 
every  reader  of  the  Traveler, 

The  immediate  effect  of  the  contest  was,  however, 
disappointing  to  me.  Very  few  of  the  unsuccessful 
candidates  ever  entered  the  school,  doubtless  feeling 
aggrieved  because  of  their  failure.  Another  result 
was  to  alarm  the  Octopus  and  awaken  the  rival 
schools  to  hostile  action  more  or  less  concerted,  but 
after  all,  this  was  bound  to  come  as  soon  as  the  school 
had  reached  a  degree  of  prominence  in  the  public 
eye. 


102 


HOSTILITY   OF  BOSTON  UNIVERSITY 


CHAPTER  XXIII. 

Hostility  of  Boston  University. 

The  first  evidence  of  hostility  was  manifested  by 
Boston  University,  my  Alma  Mater.  Because  in  later 
years,  during-  the  legislative  contest,  classmates  of 
mine  from  the  law  school  who  were  members  of  the 
legislature  and  who  fought  viciously  to  kill  the  Suf- 
folk Law  School  Charter,  falsely  charged  me  with  in- 
gratitude to  my  Alma  Mater,  I  shall  here  for  the  first 
time  set  forth  the  facts: 

No  graduate  of  Boston  University  could  have  been 
more  loyal  than  was  I  for  several  years  after  my 
graduation.  The  teachers  in  the  law  department 
were,  many  of  them,  very  firm  friends  of  mine  and  the 
most  cordial  relations  existed  between  us.  I  was  fre- 
quently in  conference  with  Secretary  Boyd  on  ad- 
ministrative problems  as  they  arose  in  my  school.  I 
am  sure  that  those  in  authority  at  the  law  school  felt 
that  since  the  Y.  M.  C.  A.  Law  School  was  the  pro- 
tege of  Harvard  Law  School  (considered  by  many 
Boston  University  graduates  to  have  been  encour- 
aged by  Harvard  for  the  express  purpose  of  injuring' 
Boston  University  Law  School),  so  my  law  school 
whose  founder  and  all  its  teachers  were  Boston  Uni- 
versity men  should  be  regarded  by  them  with  favor. 

I  had  heard  more  than  once  the  expression  "When 
our  own  graduates  are  doing  so  well  it  reflects  honor 

103  .  .      . 


THE  EDUCATIONAL  OCTOPUS 

upon  the  University,  and  we  at  the  law  school  ought 
to  give  them  the  glad  hand."  For  these  sentiments 
and  for  the  active  interest  in  my  school  manifested 
by  Dean  Bigelow,  Secretary  Boyd  and  Professor 
Boyd,  I  felt  a  warm  sense  of  gratitude  and  was  will- 
ing to  further  the  interests  of  the  University  even  at 
the  expense  of  my  own  institution.  As  an  evidence 
of  that  I  will  offer  portions  of  a  long  letter  which  I 
wrote  to  Dean  Bigelow  January  7th,  1908. 

Dear  Dr.  Bigelow: — 

Since  our  interview  of  Saturday,  I  have  been  think- 
ing very  seriously  of  the  suggestions  you  made  in  re- 
gard to  sending  our  men  who  desire  academic  de- 
grees to  the  Boston  University  School  of  Law  for 
their  final  training.  If  we  can  come  to  some  under- 
standing as  to  the  credit  that  such  men  will  be  given 
for  subjects  taken  in  the  Suffolk  School  of  Law  I 
think  we  may  be  able  to  arrange  other  details.  *  *  * 

If  your  Faculty  would  allow  students  who  have 
passed  examinations  in  a  course  in  this  school  with  a 
mark  of  80  or  85  per  cent  to  enter  B.  U.  Law  School 
for  advanced  standing  without  examinations  on  such 
subject  or  subjects,  it  would  be  an  inspiration  to  a 
student  here  to  put  forth  his  best  efforts.  If  in  cer- 
tain subjects  he  did  not  attain  that  mark,  he  should 
be  required  to  take  examinations  at  your  school  in  the 
regular  examinations  on  that  subject.  Many  students 
who  cannot  afford  to  take  a  three  year  course  at  B.  U. 
Law  School  could  manage  to  take  their  final  year 
there.  *  *  *  Of  course  your  Faculty  would  naturally 
desire  to  know  what  training  a  prospective  candidate 
for  a  degree  might  be  getting  in  this  school.  Per- 
haps an  advisory  board,  composed  of  yourself,  Sec- 
retary Boyd  and  Professor  Boyd  *  *  *  might  solve 

104 


HOSTILITY   OF   BOSTON   UNIVERSITY 

the  difficulty,  and  you  could  keep  in  touch  with  just 
what  is  being  done  here  without  any  additional  bur- 
den of  administration  being  imposed  upon  you.  *  *  * 
Some  law  schools,  as  you  know,  have  evening  de- 
partments, but  with  this  arrangement  your  school 
would  secure  all  the  advantages  to  be  obtained  there- 
from, without  any  of  its  resulting  disadvantages. 
*  *  *.I  trust  that  we  can  form  some  sort  of  an  al- 
liance. 

Sincerely  yours, 

(Signed)   GLEASON  L.  ARCHER. 

I  was  later  informed  that  the  Trustees  would  not 
agree  to  such  an  arrangement.  But  the  interest  and 
good  will  of  the  law  department  is  evidenced  by  the 
fact  that  the  very  "advisory  board"  advocated  by  the 
letter  was  shortly  afterward  formed  (as  has  been  noted 
in  an  earlier  chapter). 

At  the  time  the  Traveler  Scholarship  Contest  opened, 
March  1909,  this  "advisory  council"  was  still  in  opera- 
tion. About  March  8th,  1909,  I  called  at  the  college 
department  to  see  Professor  Black  who  was  to  speak 
at  our  Dedication  Exercises.  While  waiting  for  him, 
I  got  into  conversation  with  one  of  the  officials  of  the 
college. 

He  had  already  noticed  the  Scholarship  contest,  for 
it  had  been  running  now  for  ten  days,  and  his  attitude 
was  particularly  cold  and  hostile. 

"What  kind  of  a  deal  have  you  got  on  with  the 
Traveler?"  he  asked  me  in  a  manner  which  I  resented, 
and  I  made  no  pretence  of  concealing  my  resentment. 
But  his  next  question  was  even  more  astonishing. 

"Wasn't  the  Y.  M.  C.  A.  Law  School  doing  the 
thing  well  enough  without  your  butting  into  the  field?" 

105 


JHE  EDUCATIONAL   OCTOPUS 

My  acquaintance  with  this  man  while  I  was  a 
student  in  college  had  never  been  anything  but  slight, 
for  he  was  not  then  an  executive  officer.  But  while  in 
the  law  school  he  had  urged  me  to  complete  my  col- 
lege course,  which  for  financial  reasons  I  was  unable 
to  do.  This  was  my  first  meeting  with  him  since  that 
date. 

But  at  his  allusion  to  the  Y.  M.  C.  A.  Law  School, 
and  his  evident  partisanship  in  the  matter  (I  did  not 
then  know  that  he  was  affiliated  with  the  organization, 
nor  realize  that  the  University  with  its  devout  Meth- 
odist Trustees  would  consider  my  rivalry  with  an 
organization  of  the  Young  Men's  Christian  Associa- 
tion as  an  attack  upon  religion  itself)  I  replied  with 
some  show  of  spirit  that  my  school  had  the  most 
cordial  approval  of  those  who  were  in  position  to 
judge  its  merits — the  Dean,  Secretary  and  professors 
of  the  law  department  of  Boston  University.  I  gave 
him  a  catalogue  of  the  school  and  left  his  office.  I 
have  never  stepped  over  the  threshold  of  the  college 
department  of  Boston  University  since. 

It  will  be  remembered  that  this  interview  occurred 
on  March  8th,  1909.  One  week  later,  March  15th, 
1909,  I  received  the  following  self-explanatory  letter 
from  Dean  Bigelow. 

Boston  University  Law  School,  Ashburton  Place, 
Office  of  the  Dean,  March  15,  1909. 
My  Dear  Archer, — 

Certain  friends  of  the  University  are  sensitive  to 
my  appearing  to  take  any  part  between  the  two  Even- 
ing Law  Schools,  or  appearing  in  any  way  in  connec- 
tion with  either  of  them.  Will  you  please  therefore 
drop  my  name  at  the  close  of  the  current  year? 

106 


HOSTILITY   OF  BOSTON   UNIVERSITY 

You  will  understand  of  course  that  this  does  not 
import  any  want  of  confidence  in  you  and  your  asso- 
ciates ;  it  only  means  that  the  part  for  me  to  take  is 
one  of  perfect  neutrality. 

Yours  very  truly, 

(Sgned)   Melville  M.  Bigelow. 

I  at  once  waited  upon  Secretary  Boyd,  and  I  do  not 
think  it  is  a  betrayal  of  confidence  to  say  that  I  found 
him  in  an  extremely  belligerent  mood,  not  toward  me 
but  toward  certain  high  officials  of  the  University.  I 
later  learned  that  they  had  been  at  the  law  school  and 
a  merry  row  had  taken  place.  But  those  in  high  au- 
thority had  prevailed  and  Dean  Bigelow  and  Secretary 
Boyd  had  been  forced  to  withdraw  from  the  advisory 
council  of  my  school.  Professor  Boyd  had  also  been 
notified  to  quit  our  board  of  visitors. 

To  say  that  this  calamity  was  a  blow  to  me,  is  to 
put  it  mildly,  for  I  knew  that  their  withdrawal  would 
be  interpreted  by  the  public  as  an  evidence  of  lack  of 
confidence  in  my  school.  However,  I  survived  the 
shock,  as  I  have  many  another.  Later  developments  in 
the  estrangement  between  myself  and  Boston  Univer- 
sity will  be  related  in  connection  with  other  events 
later  in  this  history.    But  to  return  to  school  affairs. 


IP7 


.THE   EDUCATIONAL  OCTOPUS 


CHAPTER  XXIV. 

Removal  to  Tremont  Temple. 

The  last  two  weeks  of  February,  1909,  were  occupied 
by  many  duties  having  to  do  with  the  removal  of  the 
school.  New  floors  were  laid  in  the  school  headquar- 
ters. Much  of  our  furniture,  being  purchased  new, 
was  delivered  by  the  dealers  at  different  intervals  and 
the  final  transfer  of  the  school  possessions  took  place 
during  the  spring  recess  which  occurred  during  the 
last  week  in  February. 

I  well  remember  my  last  visit  to  the  dismantled 
offices  and  lecture  rooms  at  53  Tremont  Street,  after 
the  movers  had  completed  their  work.  It  is  always  a 
melancholy  thing  to  survey  scenes  that,  from  long 
familiarity,  have  impressed  themselves  upon  one's  life. 
In  these  offices  the  gloomiest  and  darkest  days  of  my 
life  had  been  passed,  as  well  as  days  of  success  and 
triumph. 

Within  six  weeks  I  had  passed,  because  of  circum- 
stances suddenly  arising,  from  a  state  of  complete  con- 
tentment with  my  surroundings  to  the  actual  volun- 
tary severing  of  all  connection  with  that  place;  had 
signed  a  three-year  lease  and  removed  to  a  building 
where  the  rent  alone,  for  the  space  that  I  should  need, 
would  very  nearly  equal  the  gross  tuition  receipts  of 
the  previous  year.  I  wondered  if  I  had  made  a  mis- 
take ;  and,  as  I  paced  the  empty  corridor,  I  prayed 

108 


REMOVAL  TO  JREMONT  TEMPLE 

very  earnestly  that  I  might  be  guided  wisely  and 
strengthened  for  anything  that  might  befall  me,  so 
that  if  the  school  were  thereafter  removed  from  Tre- 
mont  Temple  it  might  be  only  because  of  growth  and 
prosperity  of  the  school  and  not  because  of  failure. 

The  admiration  and  delight  of  the  students  when 
they  surveyed  the  new  home  of  the  school  opening 
night  of  the  Spring  Term,  March  i,  1909,  was  un- 
bounded. The  change  from  the  gloomy,  gas  lighted 
rooms  at  the  former  home,  to  the  tinted  walls,  polished 
oak  woodwork  and  electric  illumination  of  the  school's 
new  home  was  indeed  great.  Heretofore  the  men  had 
climbed  the  stairs  to  their  lecture  rooms,  but  elevators 
were  now  the  means  of  transit.  In  a  measure,  I  was 
reassured  for  the  risk  I  had  taken. 

My  office  work,  because  of  the  scholarship  contest, 
had  greatly  increased,  and  I  was  obliged  to  engage  a 
stenographer,  Miss  Mary  Hines  of  Wakefield,  who 
proved  to  be  a  very  trustworthy  and  efficient  young 
lady.  The  change  to  Tremont  Temple  and  the  opening 
of  the  loan  library,  made  necessary  the  employment  of 
a  regular  librarian.  The  first  librarian  was  Henry 
Rossiter  Snyder,  then  a  student  in  the  Massachusetts 
Institute  of  Technology,  but  now  Paymaster  in  the 
United  States  Navy. 

In  celebration  of  our  new  home,  it  was  resolved  to 
hold  a  sort  of  Dedication  Exercises,  and  the  date  was 
set  for  Thursday  evening,  March  11,  1909.  As  will  be 
remembered,  it  was  concerning  these  exercises  that  I 
had  called  at  the  College  Department  of  Boston  Uni- 
versity as  related  in  the  previous  chapter. 

The  exercises  were  held  in  Lorimer  Hall  and  passed 
off  very  successfully.     Judge  Bennett,- Mr.  Boynton 

109 


THE   EDUCATIONAL   OCTOPUS 

and  Professor  Frank  L.  Simpson  of  Boston  University 
Law  School  followed  me  as  speakers.  We  had  a  large 
and  enthusiastic  audience. 

The  month  of  April  was  marked  by  the  holding  of 
one  of  the  most  successful  banquets  that  the  school 
has  ever  known.  Harvey  N.  Shepard,  Thomas  J. 
Boynton,  Arthur  W.  Dolan,  Register  of  Probate  of 
Suffolk  County,  Judge  Charles  M.  Bruce  and  myself, 
being  the  speakers. 

My  address  was  quite  widely  quoted,  because  of  a 
sentiment  expressed  on  the  subject  of  the  drinking  of 
liquor  at  school  banquets.  I  had  given  orders  that  no 
liquor  of  any  kind  should  be  served  at  the  banquet, 
and  in  explanation  of  the  order  I  had  said : 

"If  the  only  duty  of  this  school  were  the  merely  in- 
tellectual training  of  our  students,  I  should  not  attempt 
to  exercise  any  censorship  over  the  school  banquet. 
But  we  believe  there  is  a  higher  duty  than  mere  in- 
tellectual training.  We  should  surround  our  students 
with  influences  that  make  for  ethical  development  as 
well.  I  am  aware  that  this  idea  is  completely  lost 
sight  of  in  some  of  the  largest  and  most  powerful  in- 
stitutions of  learning  in  this  country,  but  nevertheless 
it  does  not  abate  our  duty  in  the  slightest  degree.  Many 
of  these  young  men  have  never  touched  their  first 
glass.  Far  be  it  from  us  to  place  in  their  way  any 
temptation;  for  a  banquet  is  an  occasion  when  it  is 
easy  to  take  that  first  glass." 

As  the  result  of  the  publicity  given  these  sentiments, 
unusual  at  that  time — before  the  present  great  tem- 
perance movement  had  started,  I  received  many  let- 
ters of  congratulation  and  commendation  for  my  ac- 
tion. 

no 


REMOVAL  TO  .TREMONT   TEMPLE 

The  students  accepted  the  dictum  without  question ; 
and  it  is  one  of  my  proudest  boasts  concerning  the 
school,  that  no  liquor  was  ever  served  at  a  school  ban- 
quet since  the  institution  was  founded.  No  doubt  the 
students  have  found  me  more  or  less  of  a  crank  on 
the  topic  of  temperance ;  for  I  never  miss  an  opportu- 
nity to  lecture  them  upon  it  and  have  on  different  oc- 
casions, with  very  good  effect,  threatened  to  expel 
students  for  coming  into  the  class  with  liquor  on  their 
breath. 

But  I  firmly  believe  that  one  of  the  chief  reasons  for 
the  success  of  the  school  has  been  the  high  standards 
of  conduct  as  well  as  of  scholarship  that  we  have  ex- 
acted of  our  students.  If  there  is  one  sentiment  more 
than  any  other  that  we  have  constantly  impressed  upon 
them,  it  is  that  in  order  to  win  success  a  man 
must  first  prove  himself  worthy  of  success ;  that  vice 
and  immorality  are  incompatible  with  high  achieve- 
ment. 


Ill 


CTHE  EDUCATIONAL  OCTOPUS 


CHAPTER  XXV. 

Y.  M.  C.  A.  Ethics. 

At  about  this  time  I  learned  that  the  Board  of  Bar 
Examiners  were  contemplating  a  change  in  respect  to 
the  period  of  study  required  of  candidates  for  admission 
to  the  bar.  Up  to  that  time,  anyone  could  take  the  bar 
examinations,  irrespective  of  his  period  of  study. 
After  a  conference  with  Mr.  Bailey,  the  chairman  of 
the  Board  of  Bar  Examiners,  I  decided  to  change  our 
school  curriculum  from  a  three  year  to  a  four  year 
course. 

I  had  already  become  convinced  that  a  four  year 
course  was  essential  to  properly  train  evening  students, 
but  I  had  difficulty  to  persuade  our  students  to  study 
even  three  years,  without  taking  bar  examinations. 
Once  the  bar  examination  bee  begins  to  buzz  in  a  stu- 
dent's ear  he  ceases  to  be  a  well  balanced  student,  for  he 
will  neglect  his  regular  work  to  study  subjects  not 
yet  taken,  and  sometimes  fails  in  his  class  work.  He  is 
in  a  state  of  feverish  uncertainty.  If  he  passes  the  bar 
before  finishing  his  law  study  the  chances  are  very  strong 
that  he  will  never  complete  his  course — especially  if  the 
school  cannot  confer  degrees,  as  was  the  case  with  my 
school  at  that  time. 

But  if  he  fails  in  the  attempt  he  never  settles  down 
to  really  good  school  work  again,  for  he  begins  immedi- 
ately another  feverish  attempt  to  prepare  for  the  next 

112 


Y.    M.    C.    A.    ETHICS 

examinatioil.  So  when  the  Bar  Examiners  proposed  to 
refuse  to  examine  men  who  had  not  studied  the  equiva- 
lent of  three  full  years  in  a  day  school,  I  welcomed  the 
opportunity  to  lengthen  our  course  to  four  years, 
although  I  realized  that  it  would  mean  a  considerable 
loss  of  students. 

This  change,  meaning  a  loss  of  revenue  in  the  face  of 
greatly  increased  school  expenses  in  Tremont  Temple 
made  necessary  an  increase  of  tuition  if  the  school  were 
to  continue.  I  fully  realized  that  the  advance  in  tuition 
would  also  cause  a  falling  off  in  attendance. 

In  the  1909- 1910  catalogue,  which  was  issued  in  June, 
1909,  I  announced  the  new  home  of  the  school,  the  new 
loan  library,  the  change  of  tuition  to  $60  a  year  (not 
applying  at  all  to  students  then  enrolled,  for  whom  the 
$45  rate  continued)  and  the  four  year  course  of  instruc- 
tion. 

If  I  had  been  concerned  over  the  outlook  for  students 
in  the  following  September,  I  was  more  concerned  over 
a  new  development.  The  Y.  M.  C.  A.  Law  School, 
alarmed  at  the  growth  of  the  Suffolk  School  of  Law,  had 
put  over  their  first  great  competition,  "stunt." 

Hitherto  they  had  gotten  out  a  blue  vest-pocket  folder, 
in  lieu  of  a  catalogue,  but  the  catalogues  issued  by  my 
school  caused  them  to  issue  a  catalogue  also.  In  the 
back  of  their  catalogue,  however,  they  had  a  lot  of  testi- 
monials— patent  medicine  style — which  purported  to 
show  the  esteem  in  which  the  Y.  M.  C.  A.  Law  School 
was  held  in  the  community. 

There  were  letters  from  John  L.  Bates,  John  D.  Long,. 
Louis  Brandeis  and  Samuel  J.  Elder,  indorsing  the 
educational  work  of  the  Boston  Y.  M.  C.  A.,  but  not 
one  of  them  referred  to  the  law  school.  I  saw  that 
at  once ;  but  I  also  saw  the  unworthy  deception  upon 

113 


THE  EDUCATIONAL  OCTOPUS 

prospective  students  that  would  surely  be  practiced 
by  their  presence  in  the  law  school  catalogue  under 
the  heading,  "Opinions  of  leading  members  of  the 
bar." 

There  were  two  other  letters  that  did  refer  to  the  law 
school,  but  one  of  them  was  written  by  one  of  the 
teachers  in  the  Y.  M,  C.  A.  law  school.  The  other,  and 
the  very  first  one  in  the  list,  made  my  heart  sink  within 
me,  for  it  was  from  Hollis  R.  Bailey,  Chairman  of  the 
Board  of  Bar  Examiners,  commending  their  school,  and 
especially  advising  them  to  maintain  a  four  year  course. 

The  tremendous  value  of  such  seeming  partisanship 
-on  the  part  of  the  Chairman  of  the  Examining  Board 
•was  at  once  manifest,  for  my  own  students  began  to 
TTiurmur  bitterly  that  Mr.  Bailey  ought  not  to  take  sides 
between  the  two  schools.  There  was  a  clause  in  his  letter 
which  could  be  construed  as  a  slap  at  the  Suffolk  School 
of  Law.  I  learned  from  my  own  students  that  friends 
of  theirs,  who  had  intended  to  come  to  the  Suffolk 
School  of  Law  in  the  fall,  were  going  to  the  Y.  M.  C.  A. 
because  they  wanted  to  pass  the  bar  examinations  and 
could  not  afford  to  antagonize  Mr.  Bailey  by  going  to 
any  other  evening  school. 

Had  I  known  Mr.  Bailey  as  well  then  as  I  did  later, 
I  should  have  blocked  the  Y.  M.  C.  A,  by  going  to  him 
directly  with  the  matter. 

In  order  that  the  reader  may  see  at  this  point  what  an 
extraordinary  method  of  competition  the  Y.  M.  C.  A. 
Law  School  authorities  were  employing,  I  will  state 
that  two  years  later,  after  I  had  seen  my  school  dwindle 
to  a  total  attendance  of  fifty-five  students,  I  reproached 
Mr.  Bailey  for  taking  sides,  and  found  him  totally  una- 
ware of  the  existence  of  the  letter  or  how  it  was  being 
tised. 

114 


Y.  M.  C.  A.  ETHICS 

He  then  discovered  that  he  had  written  it  two  years 
before  my  school  was  founded,  in  1904,  when  the  Y.  M. 
C.  A.  Law  School  was  trying  to  secure  power  to  confer 
degrees.  But  the  pious  gentleman  who  decided  to  use 
it  in  the  catalogue  accidentally  omitted  the  date,  thus 
making  it  appear  to  be  a  current  letter  of  a  partisan 
nature  of  tremendous  value  as  a  weapon  of  competition. 
Mr,  Bailey  thereupon  ordered  them  to  discontinue 
it  in  their  catalogue. 


"5 


iTHE  EDUCATIONAL  OCTOPUS 


CHAPTER  XXVI. 

My  First  Law  Book. 

The  summer  of  1909  was  not  without  its  triumphs, 
however.  Because  of  the  undoubted  influence  that  the 
event  had  upon  the  survival  of  the  school  through  all  the 
stormy  days  that  were  to  come,  I  shall  take  time  in 
this  connection  to  relate  the  circumstances  under  which 
my  first  attempts  at  law  writing  bore  fruit  in  the  form  of 
my  first  book.  Without  this  book  and  those  that  fol- 
lowed it,  and  the  standing  that  they  gave  me  and  my 
school,  we  could  never  have  won  our  legislative  fight, 
especially  during  the  first  year. 

This  book  it  was  that  established  my  reputation  more 
than  any  of  the  others ;  for  at  the  time  of  the  legislative 
contest  it  was  already  being  used  by  the  students  of  Yale 
Law  School,  Harvard  Law  School,  Boston  University 
Law,  and  even  in  the  Y.  M,  C.  A.  Law  School,  much  as 
they  hated  me  and  my  school,  (as  one  of  their  graduates 
in  the  legislature  picturesquely  phrased  it  to  me,  "I  have 
nothing  but  praise  for  your  book,  but  to  h —  with  your 
school.")  So  when  on  the  floor  of  the  house,  in  1912, 
my  school  was  attacked  as  an  unknown  quantity,  whose 
Dean  was  an  inexperienced  "boy,"  the  existence  of  my 
books,  and  the  splendid  indorsements  they  had  received, 
became  the  theme  for  the  winning  debate  on  our  side. 

I  have  already  related  how  I  began  to  write  the  manu- 
script and  finally  laid  it  aside  because  of  the  strenuous 

116 


MY  FIRST  LAW   BOOK 

days  of  the  removal  to  Tremont  Temple,  and  the  begin- 
ning of  the  scholarship  contest.  But  after  things  had 
settled  down  into  normal  channels  I  resumed  my  law- 
writing. 

When  I  had  prepared  the  first  few  chapters,  I  saw 
the  futility  of  attempting  to  print  it  by  means  of  a 
mimeograph,  and  I  knew  that  the  expense  of  printing 
it  in  the  ordinary  way  would  be  prohibitive.  So,  with 
what  manuscript  I  had  prepared,  and  with  my  outline 
of  the  contents  of  the  proposed  book,  I  called  upon 
Little,  Brown  &  Company,  then  in  their  old  building  on 
Washington  Street. 

If  I  remember  correctly,  it  was  the  late  Mr,  Mclntyre, 
of  the  firm,  who  granted  me  the  first  interview.  They 
were  all  busy  at  the  time,  and,  while  he  did  not  say  so,  I 
felt  that  it  was  sheer  kindness  on  his  part  that  led  him 
to  even  listen  to  me  (I  was  afterward  informed  by  the 
representative  of  another  publishing  house  to  whom  I 
mentioned  that  I  was  preparing  a  text  book,  that  he  was 
very  sure  that  his  house  would  not  care  to  examine  the 
manuscript),  for  I  was  but  twenty-eight  at  the  time,  and 
less  than  three  years  in  practice. 

However,  his  kindly  amusement  soon  gave  way  to 
earnest  attention.  I  explained  the  scope  of  the  work 
and  read  him  all  that  seemed  necessary  to  give  him  an 
idea  of  the  text.  When  I  had  finished,  he  enquired  how 
soon  I  could  complete  the  manuscript.  I  replied  that  by 
August  I  could  have  it  ready,  so  he  requested  me  to 
submit  the  work  to  him  as  soon  as  I  had  completed  it. 

Greatly  encouraged  by  this  interview,  I  fell  to  work 
wth  renewed  zeal,  and,  true  to  my  words,  submitted  the 
manuscript  in  August,  1909.  I  have  in  my  possession 
the  original  manuscript  from  which  my  stenographer 

117 


THE  EDUCATIONAL  OCTOPUS 

typewrote  the  others.  It  is  interesting-  to  note  that  I 
changed  the  name  of  the  book  four  times.  First  it  was, 
"The  Young  Lawyer's  Handbook;"  next,  "The  Young 
Lawyer's  Guide;"  then  I  wrote  again  on  the  title  page, 
"Beginnings  of  Practice;"  finally,  to  cross  that  out  also 
and  to  write,  "Law  Office  and  Court  Procedure,"  un- 
der which  title  the  book  exists  today. 

After  some  delay  I  received  a  letter  from  the  publish- 
ers, dated  August  31st,  1909,  from  which  I  quote  in  part: 

"We  have  made  an  estimate  of  the  cost  of  setting  type 
and  manufacturing  of  your  work  'Law  Office  and 
Court  Procedure'  and  have  given  the  whole  matter 
careful  consideration  and  have  consulted  with  assist- 
ants in  our  law  department. 

"We  regret  to  state  that,  taking  into  consideration  the 
large  expense  of  the  work,  we  feel  that  we  should  be 
able  to  count  upon  a  general  sale  throughout  the  country 
Unless  the  work  is  to  be  published  at  a  loss.  Feeling 
as  we  do,  we  are  compelled  to  conclude  that  we  cannot 
make  a  proposition  which  would  entail  our  bearing  the 
whole  cost  of  manufacture  and  publication.  If  you  felt 
that  you  could  assume  the  cost  of  setting  the  t)qDe  and 
making  the  plates,  we  would  be  willing  to  pay  for  paper, 
presswork,  binding,  selling  and  distributing,  and  press 
copies,  and  pay  you  a  royalty  upon  copies  sold,  but  we 
cannot  see  our  way  to  making  a  more  liberal  proposition. 
Should  this  meet  with  favor  we  can  write  you  as  to  esti- 
mate and  royalty. 

"The  fact  that  you  stated  that  you  hoped  the  book 
could  be  sold  for  a  low  price  influences  us  to  some 
extent,  but  not  wholly  in  the  conclusion  reached.  The 
only  books  that  can  be  sold  at  a  low  price  are  books 
which  are  likely  to  have  a  large  sale ;  and  we  are  unable 
to  tliink  that  this  would  be  the  case  with  the  book  under 

118 


MY  FIRST  LAW   BOOK 

consideration.  We  will  hold  the  manuscript  trntiT  we 
hear  from  you." 

All  the  happy  dreams  that  I  had  entertained  over  writ- 
ing the  word  "Archer"  across  the  back  of  a  law  book 
vanished  instantly.  My  disappointment  was  extreme, 
for  I  had  put  a  great  deal  of  labor  into  the  venture  and 
spoiled  my  summer  vacation  into  the  bargain. 

I  called  at  the  publisher's  office  and  learned  that  I 
would  have  to  put  up  five  or  six  hundred  dollars  in 
order  to  get  the  book  published,  which  in  my  financial 
condition  was  a  sheer  impossibility.  I  went  home  by 
the  first  train,  resolved  to  forget  that  I  had  ever  been- 
so  unwise  as  to  try  to  write  a  book. 

Two  months  before  I  had  moved  from  Alpine  Street, 
Roxbury,  to  Mishawan  Road,  Woburn,  largely  for  the 
sake  of  my  young  son  who  had  been  very  sickly  in  the 
city.  I  had  been  so  deeply  engrossed  in  my  law  writing 
that  I  had  had  little  time  to  enjoy  the  country;  and  this 
sudden  shipwreck  of  my  plans  would  at  least  give  me 
a  few  days  vacation. 

But  hope  dies  hard.  Within  three  days  of  this  first 
defeat,  I  wrote  to  the  publishers  offering  to  purchase 
every  copy  of  a  reasonable  sized  first  issue  that  was  left 
on  their  hands  after  a  certain  time,  for  I  could  use  the 
books  in  my  school.  I  suggested  also  that  I  might  cut 
down  the  size  of  the  book,  by  omitting  some  of  the  il- 
lustrative material  in  the  work. 

On  September  8th  the  publishers  sent  me  the  manu- 
script for  revision,  together  with  a  letter  which  stated, 
"Taking  into  account  the  changes  you  have  in  mind,  we 
do  not  think  there  is  any  doubt  but  that  we  shall  be  able 
to  arrange  with  you  for  the  publication  of  the  book, 
bearing  the  entire  cost  ourselves.  We  send  you  the 
manuscript  herewith,  and  will  be  much  obliged  if  you 

119 


THE  EDUCATIONAL  OCTOPUS 

•will  let  us  know  how  long  it  will  be  before  you  can  place 
it  in  our  hands," 

Needless  to  say  this  letter  made  me  as  happy  as  the 
former  one  had  made  me  sad.  Before  the  opening  of 
the  Fall  Term  I  had  delivered  the  revised  manuscript. 
It  may  be  of  interest  to  the  many  students  of  the  Suf- 
folk Law  School,  past  and  present,  who  have  taken 
Pleading  and  Practice  under  Webster  A.  dandier  (a 
splendid  teacher,  but  a  most  pessimistic  correcter  of  ex- 
amination books)  to  know  that  Mr.  Chandler  examined 
the  manuscript  of  "Law  Office  &  Court  Procedure"  and 
it  fared  like  some  of  the  examination  books  they  have 
written,  received  a  very  low  mark.  However,  I  didn't 
tell  the  publishers  what  Mr.  Chandler  thought  of  the 
book.  The  royalty  contract  was  signed  October  i6,  1909 
and  the  book  came  from  the  press  January  15,  1910. 

A  source  of  great  satisfaction  to  me  was  that,  al- 
though the  publishers  had  gotten  out  all  the  copies  they 
dared  in  the  first  issue  ( fearing  that  they  would  be  years 
in  disposing  of  the  lot)  yet  the  sale  was  so  far  beyond 
their  expectation  that  within  six  months  they  were 
obliged  to  get  out  a  second  issue  of  the  book.  With  the 
exception  of  Wigmore's  Pocket  Code  of  Evidence,  it 
proved  to  be  Little  Brown  &  Co.'s  best  selling  law 
book  of  the  year. 


120 


A   YEAR  OF  TRIBULATIONS 


CHAPTER  XXVII. 

A  Year  of  Tribulations. 

It  was  a  matter  of  regret  to  me  that  the  announcement 
of  the  pubhcation  of  my  book  could  not  have  been  made 
before  the  opening  of  the  school,  September  27,  1909. 
I  realized  only  too  keenly  the  havoc  that  the  Bailey  let- 
ter in  the  Y.  M.  C.  A.  Law  School  catalogue  was  play- 
ing with  my  plans,  and  every  counteracting  influence 
was  imperatively  needed.  Had  it  not  been  for  the  fact 
that  another  man,  Frank  Daly,  had  duplicated  Brown's 
record  of  the  previous  year,  in  passing  the  bar  exam- 
inations after  but  two  years  of  study,  and  some  other 
students  who  had  studied  three  years  were  successful  in 
the  same  examination,  it  is  hard  to  say  what  would  have 
been  the  size  of  the  entering  class. 

By  a  peculiar  turn  of  fate,  Dame  Nature  herself  took 
a  hand  against  the  school  and  dealt  us  a  terrific  blow  by 
staging  a  rainstorm  for  opening  week  of  the  school.  It 
had  been"  our  experience  that  we  gained  more  men  from 
the  visitors  who  attended  opening  evening  than  in  any 
other  way.  I  had  therefore  sent  out  the  usual  invita- 
tions to  the  men  on  our  mailing  list,  but  all  during  the 
afternoon  and  evening  of  opening  day  the  rain  descend- 
ed in  such  torrents  that  only  the  most  hardy  of  our 
registered  students  braved  the  storm. 

I  was  appalled  at  the  prospect,  for  I  had  figured  out 
the  number  of  new  students  necessary  to  meet  the  heavy 

121 


THE  EDUCATIONAL  OCTOPUS 

additional  expenses  of  the  school.  I  saw  that  instead 
of  an  increase  over  the  previous  year's  attendance, 
there  was  likely  to  be  an  actual  decrease.  With  a  heavy 
heart,  I  faced  the  Freshmen  that  evening.  But  I  pre- 
served a  smiling  and  confident  attitude  until  the  exer- 
cises of  the  evening  were  over. 

Once  alone  in  my  office,  with  nothing  especial  to  do 
until  time  to  take  the  10.30  train  for  home,  I  figured  up 
the  total  attendance  of  the  evening  from  the  reports  of 
the  other  instructors.  How  I  was  to  pilot  the  school 
through  the  financial  breakers  ahead  was  more  than  I 
could  see.  Completely  worn  out  by  the  day  and  its  cul- 
mination, I  dropped  my  face  onto  my  arms  and  gave 
way  to  momentary  despair. 

It  was  still  raining  the  next  day.  Hoping  that  I  could 
yet  stem  the  tide  of  defeat,  I  sent  out  new  invitations 
to  the  men  on  my  mailing  list,  but  with  little  effect. 

The  highest  attendance  during  the  year  of  1909-1910 
was  107  tuition  paying  students,  with  a  number  of  addi- 
tional men  who  were  receiving  scholarship  aid;  but  that 
number  dwindled  through  desertions  to  the  Y.  M.  C. 
A.  Law  School,  and  otherwise,  until  the  attendance 
dropped  to  about  seventy  students.  One  new  in- 
structor was  added  to  the  teaching  staff  during  this 
year,  Thomas  R.  P.  Gibb,  who  teaches  Equity. 

The  only  bright  spot  in  this  school  year  was  the 
publication  of  my  new  book,  "Law  Office  &  Court 
Procedure."  But  the  school  work  went  on  with  un- 
remitting zeal,  my  brother  Hiram  proving  a  staunch 
and  dependable  assistant,  teaching  four  subjects 
throughout  this  critical  year. 

It  soon  became  evident  to  me  that  the  enemies  of  the 
school  were  intent  upon  its  complete  ruin;  and  the  plan 
of  campaign  which  they  adopted  in  the  winter  of  1910 

122 


A   YEAR   OF   TRIBULATIONS 

came  perilously  near  annihilating  the  institution.  It  had 
been  spread  broadcast  that  the  four  year  rule  of  the  bar 
examiners,  adopted  the  previous  year,  had  been  intended 
as  a  slap  at  the  Suffolk  School  of  Law.  These  rumors 
I  had  to  endure  with  such  patience  as  I  could  com- 
mand. 

It  was  also  current  belief  among  evening  students  that 
the  Y.  M.  C.  A.  Law  School  had  "a  pull"  with  the  bar 
examiners ;  that  to  attend  the  Y.  M.  C.  A.  was  a  certain 
appeal  for  their  favor.  In  proof  of  this  was  cited  the 
Bailey  letter,  and  also  the  fact  that  Mr.  Bailey  was 
listed  in  the  Y.  M.  C.  A.  catalogue  as  a  special  lecturer 
in  the  school.  Whether  he  was  ever  a  teacher  in  the 
Y.  M.  C.  A.  Law  School  Mr.  Bailey  can  best  answer; 
but  he  has  been  so  listed  in  Y.  M.  C.  A.  catalogues  up 
to  the  year  1914. 

But  in  March,  1910  the  Bar  Examiners  passed  a  new 
regulation  requiring  all  candidates  for  the  bar  examina- 
tion to  be  graduates  of  an  approved  high  school,  or  to 
pass  the  entrance  examinations  to  the  State  Normal 
Schools.  To  my  consternation  the  bar  examiners  shortly 
afterward  ruled  that  graduates  of  the  Evening  High 
Schools  of  Boston  were  not  eligible  to  take  the  bar  exam- 
inations, but  that  graduates  of  the  Y.  M.  C.  A.  Evening 
High  School  were  eligible,  and  the  Y.  M.  C.  A.  High 
School  was  the  only  evening  school  to  be  listed  as  an 
approved  school.  The  manifest  unfairness  in  discrimin- 
ating against  the  free  public  schools  in  favor  of  the  Y. 
M.  C.  A.  School,  which  was  not  free  but  charged  a  con- 
siderable tuition,  was  now  seized  upon  as  conclusive 
evidence  that  the  Y.  M.  C.  A.  did  have  a  "pull"  with  the 
bar  examiners. 

The  effect  upon  my  students  was  demoralizing  in  the 
extreme.  Many  students  left  the  school  and  a  sullen  dis- 
content pervaded  every  class.     I  tried  to  stem  the  tide 

123 


THE  EDUCATIONAL   OCTOPUS 

by  announcing  that  the  Suffolk  School  of  Law  would 
institute  a  summer  preparatory  department  to  train  men 
for  the  Normal  school  examinations.  This  undoubtedly 
reassured  many  of  the  students ;  but  there  was  an  unruly 
element  in  some  of  the  classes  that  grew  more  and  more 
troublesome. 


124 


A  STUDENT  REVOLT 


CHAPTER  XXVIII. 

A  Student  Revolt. 

The  trouble  came  to  a  head  at  about  the  time  of  the 
annual  school  banquet.  This  had  always  been  the  great 
event  of  the  year,  the  students  turning  out  in  a  body. 
But  this  year,  although  a  large  proportion  of  the  students 
then  in  the  school  had  spoken  for  banquet  tickets,  the 
discontented  ones  with  the  others,  yet  they  treated  me 
to  a  rude  surprise.  Only  a  few  of  the  faithful  students 
put  in  an  appearance  at  the  banquet,  making  the  school 
look  ridiculously  small  in  the  eyes  of  our  guests  and 
the  reporters  who  were  present. 

My  disappointment  and  mortification  at  the  affair 
would  never  have  been  translated  into  action  had  it  not 
been  for  the  events  of  the  following  evening  at  the 
school.  I  then  found  that  a  great  deal  of  exultation  was 
being  indulged  in  by  a  certain  clique  of  students.  Hints 
were  openly  conveyed  that  the  whole  affair  was  deliber- 
ately planned  to  humiliate  me. 

One  of  the  very  men  whom  I  by  that  time  knew  to  be 
a  fomenter  of  discontent,  met  me  in  the  corridor  and 
openly  indulged  in  some  witticism  over  the  banquet 
fiasco,  and  remarked  that  there  were  too  many  "sore- 
heads" in  the  school.  I  retorted  sternly  that  he  was  abso- 
lutely correct  in  his  statement,  and  informed  him  that 
there  would  be  fewer  of  that  variety  in  the  school  in  a 
very  short  time.  I  glared  him  in  the  eye  meaningly,  and 
walked  on  to  my  office. 

125 


THE  EDUCATIONAL   OCTOPUS 

I  later  observed  that  the  man  was  in  earnest  consulta- 
tion with  his  circle  of  followers,  but  I  was  still  uncer- 
tain what  action  to  take.  The  school  was  evidently- 
seething  with  suppressed  feeling.  One  of  the  most  faith- 
ful of  my  students  came  into  the  office  and  told  me  with 
great  indignation  that  he  had  heard  a  certain  freshman, 
who  was  friendly  with  the  troublemakers,  orating  in  the 
corridor  to  his  classmates  and  uttering  some  very  dis- 
loyal statements  concerning  me  and  the  school. 

I  was  dumfounded  at  the  report,  for  the  very  man 
who  was  accused  had  been  pleading  all  the  year  for 
scholarship  aid,  and  only  the  previous  week  I  had  at  my 
own  expense  awarded  him  a  half  scholarship.  The  day 
before  I  had  received  a  letter  from  him  thanking  me 
most  effusively  for  my  kindness.  To  know  him  to  be 
such  an  ingrate  roused  me  to  instant  action. 

I  summoned  him  peremptorily  to  my  office  within  five 
minutes  from  the  time  he  had  spoken  the  words,  and 
while  he  was  still  in  conference  with  the  instructos. 
This  action  evidently  spread  alarm  among  them.  It 
certainly  alarmed  him,  for  he  came  to  me  very  pale  and 
concerned.  I  notified  the  librarian  not  to  allow  anyone 
to  enter  my  private  office,  and  closed  the  door. 

The  culprit  at  first  pleaded  innocence,  but  my  in- 
formation had  come  from  too  reliable  a  source  for  his 
denials  to  count  with  me,  and  I  forced  him  to  admit 
his  guilt.  In  punishment  I  at  first  sentenced  him, 
not  only  to  a  forfeiture  of  his  scholarship,  but  also 
ordered  him  to  leave  the  school  forthwith. 

But  he  pleaded  so  hard  for  forgiveness  and  appealed 
so  effectively  that  I  would  not  "ruin"  him,  as  he  ex- 
pressed it,  by  expulsion  from  the  school,  that  I  finally 
relented  as  to  that  part  of  the  sentence  and  promised 
him  he  could  continue  as  a  student  so  long  as  he  con- 

126 


A   STUDENT   REVOLT 

tinued  loyal  in  all  his  words  and  acts.  The  sequel  is  that 
"he  completed  his  freshman  year;  but  I  have  never  seen 
nor  heard  from  him  since. 

While  I  was  in  the  midst  of  this  nerve-racking  con- 
ference my  telephone  rang,  and  to  my  amazement  the 
school  librarian  was  on  the  line,  somewhat  out  of  breath 
as  if  having  reached  it  in  great  hurry.  The  librarian  at 
that  time  was  John  Stinchfield,  a  college  student. 

"This  is  Stinchfield,"  he  said,  "I  am  at  the  pay  station. 
I  hurried  downstairs  to  warn  you,  for  the  library  is  full 
of  men.  There  is  trouble  brewing  and  you  will  have  to 
be  ready  for  it."  He  named  to  me  the  ringleaders, 
and  the  names  he  gave  were  the  very  men  whom  I 
suspected. 

Mr.  Stinchfield's  quick  wit  in  leaving  the  library  and 
notifying  me  by  telephone  of  the  insurrection  was  a  very 
considerable  service  to  me  at  the  time.  Had  I  dismissed 
the  culprit  through  the  library  and  been  treated  to  the 
surprise  of  meeting  the  hostile  array  without  preparation, 
it  would  have  been  a  very  difficult  situation  indeed. 

As  it  was,  I  dismissed  the  culprit  through  my  private 
door  to  the  corridor  and  stepped  into  the  library  and  con- 
fronted the  assembled  students,  about  twenty-five  in 
number. 

They  looked  at  one  another  uneasily,  for  I  said  noth- 
ing, standing  rigidly  with  my  back  to  the  closed  door  of 
my  office,  waiting  for  them  to  speak.  Some  one  of  the 
men  informed  me  that  they  wanted  to  see  me — to  talk 
with  me  on  an  important  matter. 

I  replied,  "I  am  ready,  gentlemen,  to  hear  all  your 
grievances.    Go  ahead,  Mr. ." 

He  went  on  and  on.  When  he  paused  for  breath,  I 
calmly  asked  if  he  had  anything  more  to  say,  or  if  anyone 
else  had  anything  to  say.    They  tried  in  vain  to  draw  me 

127 


THE  EDUCATIONAL  OCTOPUS 

into  an  argument,  or  to  learn  what  my  attitude  was  on 
the  demands  already  voiced ;  but  I  informed  them  that  I 
would  render  my  decision  after  hearing  all  the  argu- 
ments. All  the  time  I  stood  rigidly  at  attention,  narrowly 
watching  the  faces  of  the  men  and  noting  all  that  the 
spokesmen  were  voicing,  for  my  attitude  had  evidently 
misled  them  into  thoughts  of  victory. 

Their  demands  were  certainly  extraordinary.  One  of 
their  grievances  was  that  I  had  recently  adopted  a  very 
effective  expedient  to  secure  the  pa)nTient  of  tuition.  A 
few  days  before  each  instalment  of  tuition  was  due  I 
posted  on  the  bulletin  board  a  complete  list  of  students, 
crossing  off  the  names  as  the  students  paid  their  tuition ; 
the  result  being  that  many  of  the  dissatisfied  ones,  who 
were  notoriously  slow  in  payment  of  their  tuition,  had 
to  undergo  the  humiliation  of  having  everybody  in  the 
school  know  it,  instead  of  its  remaining  a  secret  with 
me  as  theretofore.  They  demanded  that  I  discontinue 
the  policy. 

Another  claim  was  that,  since  when  they  entered  the 
school  we  were  under  a  three  year  system,  I  should 
therefore  give  them  the  fourth  year  of  instruction  free  of 
charge.  The  irony  of  such  a  request  in  the  financial 
crisis  the  school  was  in,  did  not  of  course  appeal  to  them. 

The  third  demand  was  that  because  when  they  entered 
the  school  there  was  no  general  educational  requirement 
it  was  the  duty  of  the  school  to  furnish  instruction  in  our 
projected  preparatory  school  free  of  charge.  There  may 
have  been  a  few  more  minor  requests  which  I  have  now 
forgotten. 

I  began  mildly  by  explaining  to  them  a  well  known 
principle  of  the  law  of  contracts,  "operation  of  law  of 
the  jurisdiction,"  that  proved  untenable  both  their  re- 
quest for  a  fourth  year  of  free  tuition  and  also  for  free 

128 


A   STUDENT   REVOLT 

preparatory  instruction.  This  put  the  "learned  counsel" 
who  had  conducted  the  hearing  in  so  absurd  a  light  that 
I  saw  that  I  had  detached  the  main  body  of  their  follow- 
ers. 

As  for  the  tuition  list,  I  explained  the  tribulations  I 
had  undergone  in  trying  to  collect  tuition;  and  how  on 
several  occasions  I  had  been  obliged  to  borrow  money  to 
keep  the  school  running,  although  at  the  time  there  were 
hundreds  of  dollars  due  the  school  from  the  students.  I 
also  informed  them  that  there  were  men  in  the  room  at 
that  moment  who  owed  the  school  more  than  forty  dol- 
lars apiece.  I  admitted  that  if  we  wanted  to  encourage 
such  a  condition  as  that,  the  list  was  very  annoying 
and  unfortunate  for  the  gentlemen  in  question. 

In  closing  my  remarks  I  bore  down  pretty  heavily  on 
the  ringleaders  of  the  trouble,  and  pointed  out  their  dis- 
loyalty and  the  trouble  they  had  caused.  I  informed 
them  that  it  was  not  the  first  time  that  students  had 
attempted  to  run  the  Suffolk  School  of  Law,  but  that 
I  had  learned  a  way  to  deal  with  such  men ;  that  there 
were  at  least  three  men  in  the  room  who  were  very  likely 
to  be  expelled  from  the  school. 

The  consternation  and  silence  that  fell  upon  the  assem- 
bly was  almost  painful.  I  dismissed  the  meeting  by 
assuring  the  men  that  I  had  no  personal  grievance 
against  any  one  of  them.  My  contemplated  action  pro- 
ceeded purely  from  what  I  considered  to  be  my  duty  to 
the  school;  that  even  then  Iwas  not  sure  of  what  my 
final  action  would  be,  for  I  would  think  it  over  until 
morning. 

The  next  morning,  however,  I  was  still  of  the  same 
mind,  and  I  wrote  a  letter  of  expulsion  to  each  of  the 
three  men.    This  action  roused  a  tempest  that  shook  the 

129 


THE   EDUCATIONAL   OCTOPUS 

school  to  its  foundations.  The  expelled  students  did 
picket  duty  for  several  weeks  near  the  downstairs  en- 
trance of  the  school,  denouncing  me  as  a  tyrant  to  all 
who  would  listen. 

But  an  even  more  serious  consequence  resulted,  for 
they  made  a  race  issue  of  it,  owing  to  the  fact  that  all 
three  of  the  expelled  students  were  of  the  same  race. 
Every  student  of  that  race  with  two  exceptions  deserted 
the  school  and  went  either  to  the  Y.  M.  C.  A.  Law  School 
or  to  Mr.  Innes. 

The  race  issue  was  farthest  from  my  thoughts,  al- 
though I  was  perfectly  well  aware  that  to  expel  the 
leaders  of  so  formidable  an  insurrection  would  raise  a 
tremendous  disturbance.  I  took  the  step  as  a  matter  of 
principle,  foreseeing  grave  consequences,  but  con- 
vinced that  the  ultimate  salvation  of  the  school  de- 
pended upon  it. 

More  than  five  years  have  passed  since  then,  and  I 
have  never  had  another  insurrection  of  evening  students 
Jto  deal  with. 


130 


MY   SECOND   LAW   BOOK 


CHAPTER  XXIX. 

My  Second  Law  Book. 

Accustomed  though  I  was  to  adversity  from  my 
childhood  up,  the  winter  of  1910  with  its  haunting 
nightmare  of  financial  difficulties  oppressed  me  great- 
ly. Try  as  I  did  to  forecast  a  brighter  year  for  1910 
and  191 1,  I  was  obliged  to  confess  to  myself  that  the 
likelihood  was  very  great  that  severer  trials  awaited 
me.  I  had  given  up  my  law  practice,  and  the  royalty 
on  my  book  was  the  only  source  of  income. 

A  fragmentary  diary  that  I  left  in  those  days  tells 
of  my  vain  endeavor  to  earn  money  by  writing  fiction. 
I  wrote  a  novel  which  went  the  rounds  of  the  pub- 
lishers and  returned  to  me  after  many  days.  I  wrote 
many  short  stories,  and  sold  one  of  them. 

But  an  event  occurred  in  April  1910,  that  resulted  in 
the  writing  of  my  second  law  book,  I  have  already 
spoken  of  Mr.  Boynton's  engagement  as  teacher  of 
Legal  Ethics.  Now  in  April  1910,  his  lectures  were 
scheduled,  but  owing  to  pressure  of  his  law  practice 
he  was  unable  to  give  them. 

In  the  extremity,  I  undertook  to  prepare  a  course  on 
Legal  Ethics  and  lecture  in  Mr.  Boynton's  stead.  But 
in  looking  around  for  a  text  book  I  could  not  find  one 
in  Boston ;  nor  that  any  such  text  book  existed.  I 
appealed  to  Little,  Brown  &  Company,  but  their  law 
department  could  not  help  me  out. 

The  only  thing  that  I  could  find  on  the  subject  was 

131 


THE  EDUCATIONAL  OCTOPUS 

the  recently  adopted  canon  of  Ethics  of  the  American 
Bar  Association.  My  diary  explains  the  incidents 
leading  to  the  writing  of  my  second  book  quite  fully, 
and  I  shall  therefore  copy  some  entries  verbatim. 

"Monday,  April  ii,  1910. 

"Today  while  at  work  upon  a  projected  course  in 
Legal  Ethics  and  finding  no  books  on  the  subject,  the 
thought  came  to  me  that  there  might  be  a  need  for 
such  a  book.  As  a  preliminary  investigation  of  the 
possibility  of  writing  a  book  I  made  note  of  a  large 
number  of  topics  that  might  be  used,  taking  the  canon 
of  ethics  as  a  basis.  When  I  had  satisfied  myself  that 
there  was  quite  an  extensive  field  for  work  I  tele- 
phoned to  Mr.  Voorhees  of  Little,  Brown  &  Company. 
He  was  not  in,  so,  as  an  afterthought,  I  talked  with 
Mr.  Mclntyre  of  the  firm.  He  expressed  himself  as 
interested  and  asked  me  to  call  and  talk  it  over.  In 
the  evening  after  my  lecture  (in  Torts)  I  worked  some 
before  going  home  in  arranging  the  material  I  had 
collected." 

"Tuesday,  April  12,  1910. 

"During  the  forenoon,  completed  the  outline  of  the 
law  book,  to  be  written  in  fifteen  chapters.  At  3.00  in 
the  afternoon  called  on  Mr.  Mclntyre  at  Little,  Brown 
&  Co.'s  offices.  He  called  Mr.  Voorhees  and  we  three 
went  into  the  consultation  parlor  and  held  a  session 
behind  closed  doors.  I  explained  the  project  and  read 
the  outline  of  the  first  six  chapters.  Mr.  M.  then  told 
me  that  it  was  unnecessary  to  go  farther — they  wanted 
the  book  as  soon  as  I  could  write  it  and  would  suit 
me  on  terms,  etc.  The  price  and  title  of  the  book  were 
discussed — price  to  be  $,^.00,  title  uncertain.  After 
lecture  in  contracts  (in  the  evening)  started  writing 
the  book,  doing  only  the  first  paragraph." 

132 


MY   SECOND  LAW  BOOK 

It  should  be  noted  that  the  student  insurrection  came 
directly  after  that — during  the  same  week.  The  next 
reference  I  find  to  the  book  is  under  date  of  April  i8th 
when  I  wrote. 

"Thought  of  a  title  for  the  book  that  suits  me  better 
than  any  other — 'Ethical  Obligations  of  the  Lawyer.'  " 

I  completed  the  first  chapter  April  19th ;  second 
chapter  April  26th,  and  from  that  time  forward  pro- 
gressed speedily,  finishing  the  book  on  July  6th,  1910. 
It  thus  occupied  me  eighty-five  days  from  start  to  fin- 
ish. While  I  can  now  discern  many  crudities  in  the 
book  and  various  things  that  I  will  change  in  the  next 
edition,  yet  when  it  was  published  it  received  high 
praise  from  some  of  the  leading  law  magazines  of  the 
country. 

The  book  was  accepted  by  Little,  Brown  &:  Com- 
pany, July  26,  and  published  November  17,  1910.  I 
had  thus  won  the  honor  of  having  two  law  books  pub- 
lished in  the  same  year  by  one  of  the  leading  firms  of 
law  publishers  in  America.  Not  only  that,  but  there 
were  Only  three  new  law  books  gotten  out  by  Little, 
Brown  &  Co.  in  1910,  two  of  them  from  my  pen. 

One  of  the  press  items  at  that  time  was  as  follows : 

DEAN  ARCHER  HONORED  AS  AUTHOR. 

"Dean  Archer  of  the  Suffolk  School  of  Law,  has  been 
honored  by  having  his  portrait  used  as  the  cover  of 
the  October  Law  Book  Bulletin  of  a  publishing  house. 

This  place  of  honor  is  reserved  for  their  most  suc- 
cessful authors.  The  title  of  the  Dean's  new  book  is 
"Ethical  Obligations  of  the  Lawyer."— Boston  Rec- 
ord, September  24,  1910. 

133 


THE  EDUCATIONAL  OCTOPUS 


CHAPTER  XXX. 

Low  Water  Mark. 

In  addition  to  my  labors  upon  my  new  law  book,  I 
undertook  the  heavy  task  of  doing  all  the  teaching  in 
the  newly  inaugurated  preparatory  department.  Three 
evenings  a  week,  from  the  last  of  May  to  the  middle  of 
August,  1910,  found  me  at  the  school.  No  law  teach- 
ing was  ever  quite  so  burdensome  to  me  as  the  teach- 
ing I  did  throughout  that  hot  summer. 

Geometry,  History  and  English  were  the  chosen 
topics,  and  the  men  who  took  the  course  seemed  at 
first  very  backward,  especially  in  the  subject  of  Geom- 
etry. Before  the  summer  was  over  I  decided  that 
never  again  would  I  undertake  so  heavy  a  burden  as  I 
was  then  carrying;  and  I  have  never  done  any  teach- 
ing in  the  preparatory  department  since  that  time. 

It  was  a  desperate  attempt  on  my  part  to  prove  that 
men  could  pass  the  Normal  School  Examinations  in 
the  subjects  named  (being  a  part  of  the  subjects  re- 
quired by  the  bar  examiners)  and  not  be  obliged  to 
attend  the  Y.  M.  C.  A.  Evening  High  School.  But  all 
my  labors  went  for  naught,  as  will  be  seen. 

The  chairman  of  the  Board  of  Bar  Examiners  had 
told  me  that  he  had  arranged  it  with  the  State  Board 
of  Education  so  that  men  could  go  to  any  of  the  State 
Normal  Schools  for  examination.  To  my  dismay  I 
discovered  that  the  Boston  Normal  School  was  not 

134 


LOW  WATER  MARK 

under  State  control,    and    that    the    nearest    Normal 
School  available  for  our  students  was  in  Salem. 

Accordingly,  after  the  close  of  our  course,  the 
students  who  had  taken  it,  (about  ten  in  all),  went  to 
Salem  for  the  examinations.  I  happened  to  be  at  the 
office  that  morning,  and  received  a  rude  shock  when 
one  of  the  men  called  me  by  telephone  and  told  me 
that  the  authorities  at  the  Salem  Normal  School  had 
refused  to  examine  them,  and  knew  nothing  at  all 
about  any  arrangement  with  the  bar  examiners.  He 
announced  that  the  students  were  on  the  way  back  ta 
Boston. 

I  called  up  the  office  of  the  chairman  of  the  Board 
of  Bar  Examiners  and  learned  to  my  dismay  that  the 
Chairman  was  in  Europe  and  was  not  expected  back 
until  the  following  month. 

I  then  called  up  the  State  Board  of  Education,  but 
could  get  no  one  who  knew  about  the  arrangement 
with  the  examiners.  So  I  went  to  their  office  in  person 
and  had  my  first  meeting  with  Commissioner  Snedden. 
If  I  remember  correctly  he  knew  nothing  of  the 
arrangement,  it  perhaps  having  been  made  with  the 
Chairman  of  the  Board  of  Education. 

But  Commissioner  Snedden  agreed  that  if  the  men 
would  return  to  Salem  they  should  be  examined.  I 
returned  to  my  office,  but  only  two  of  the  men,  as  I 
recall  it,  would  go  back  to  Salem.  The  rest  were  full 
of  disgust  and  indignation  at  the  whole  affair,  for  they 
had  each  been  to  great  trouble  to  get  a  day  off  from 
their  employment,  and  it  was  now  almost  noon. 

So  far  as  I  have  ever  learned,  the  two  men  who  took 
the  examinations  in  Salem  that  afternoon  were  never 
notified  whether  they  passed  or  failed. 

135 


THE  EDUCATIONAL  OCTOPUS 

The  bar  examiners  afterward  explained  the  incident 
by  saying  that  inasmuch  as  their  rule  did  not  go  into 
effect  for  about  two  years  they  had  not  considered  it 
likely  that  any  men  would  desire  to  take  the  qualifying 
tests  that  summer — hence  they  had  not  caused  the 
Normal  Schools  to  be  notified. 

But  my  school  was  the  victim,  as  events  amply  dem- 
onstrated. My  students  were  practically  the  only 
ones  required  to  submit  to  the  Normal  School  Exami- 
nations, for  the  Y.  M.  C.  A.  Evening  High  School  cer- 
tificate was  accepted  as  the  equivalent  of  a  day  high 
school  diploma. 

The  inevitable  happened,  for  the  belief  that  was  ram- 
pant that  it  was  neccessary  to  go  to  the  Y.  M.  C.  A. 
Law  School  in  order  to  get  recognition  from  the  bar 
examiners,  was  seemingly  confirmed  by  this  incident. 
These  were  in  fact  test  cases  and  all  the  students  in 
the  Suffolk  School  of  Law  were  watching  the  result. 
There  was  no  excuse  that  I  could  offer.  I  had  done 
my  best  and  the  failure  of  the  experiment  was  so 
obvious  that  no  one  could  overlook  it. 

The  Y.  M.  C.  A.  Law  School  authorities  were  jubi- 
lant. Again  the  rumors  were  afloat  that  the  Bar  Ex- 
aminers were  allied  with  the  rival  school,  and  these 
rumors  became  so  annoying  and  persistent  that  I  was 
finally  constrained  to  secure  a  signed  repudiation  of 
this  slander  from  Chairman  Bailey  himself,  to  show 
to  prospective  students  who  openly  challenged  me  on 
that  point. 

Another  report  became  current  among  the  students 
of  my  school  at  that  time,  to  the  effect  that  students 
who  attended  the  Y.  M.  C.  A,  would  be  slipped' 
through  the  high  school  department  at  the  same  time, 

136 


LOW  WATER  MARK 

upon  the  payment  of  certain  tuition  charges.  Whether 
this  was  knowingly  used  upon  my  students  as  an  in- 
ducement for  desertion  or  not,  the  facts  were  that 
there  was  a  quite  general  desertion  from  the  school, 
one  class  alone  losing  about  twenty  men. 

The  effect  of  this  desertion,  together  with  the  race 
issue  that  had  been  raised  by  the  students  I  had  ex- 
pelled the  previous  April,  was  demoralizing  in  the  ex- 
treme. Not  even  the  fact  that  three  men  who  had  just 
completed  their  Sophomore  year  in  the  school  were 
admitted  to  the  Bar  in  the  summer  of  1910  (the  four- 
3'ear  rule  had  not  yet  taken  effect)  could  to  any  extent 
counteract  these  hostile  agencies.  With  ever  growing 
despair  I  kept  vigil  in  my  office  waiting  for  stragglers 
to  come  in. 

Had  it  not  been  for  the  financial  success  that  "Law 
Office  &  Court  Procedure"  was  scoring,  and  the  en- 
grossing duties  of  proof  reading  of  my  new  book,  it  is 
hard  to  say  how  I  should  have  kept  from  utter  despair 
during  the  waiting  period. 

The  time  came  for  the  opening  of  the  rival  school 
and  the  weather  was  perfect — just  the  sort  of  weather 
that  I  was  praying  for  for  the  opening  night  of  my 
own  school. 

I  sent  out  the  usual  invitations,  but  I  should  have 
sent  life  preservers  with  them,  for  on  opening  night 
the  rain  was  descending  in  torrents  and  the  gutters 
were  roaring  brooks,  even  worse  than  the  year  before. 

However,  the  disappointment  was  not  so  keen  as  on 
the  former  occasion,  for  I  had  become  callous  to  dis- 
appointment. I  remember  that  in  riding  down  the  ele- 
vator from  my  office  in  Tremont  Temple  to  meet  the 
Freshmen  in  a  downstairs  hall,  I  jested  grimly  with 

137 


THE  EDUCATIONAL   OCTOPUS 

the  elevator  man  over  how  the  Y.  M.  C.  A.  Law  School 
had  a  "pull"  even  with  the  weather  man. 

It  was  a  mere  handful  of  bedraggled  men  that  met 
me — perhaps  fifteen  to  eighteen,  in  a  hall  that  would 
hold  a  hundred  men.  But  I  lectured  to  them  to  the 
best  of  my  ability,  and  the  first  night  of  school  for  the 
year  1910-1911  became  a  matter  of  history. 

When  I  came  to  figure  up  the  total  attendance  in  all 
classes  I  saw  that  I  had  left  to  me  a  mere  remnant  of 
what  the  school  had  been — about  seventy  men  in  all 
four  classes  from  whom  tuition  could  be  expected,  and 
more  than  half  of  them  were  paying  $45.00  tuition. 
From  these  seventy  I  must  expect  the  usual  deser- 
tions. The  numbers  in  fact  decreased  until,  during 
the  latter  part  of  the  year,  there  were  only  fifty-five 
tuition  paying  students. 


138 


THE   RESURRECTION   OF  HOPE 


CHAPTER  XXXI. 

The  Resurrection  of  Hope. 

The  time  had  now  come  when  it  seemed  to  me  that 
optimism  was  no  longer  a  virtue.  I  had  given  more 
than  four  years  of  my  life  to  the  school ;  I  had  aban- 
doned my  law  practice;  endured  every  hardship  and 
privation,  and  I  was  now  a  virtual  bankrupt,  with  a 
school  on  my  hands  that  I  was  running  at  a  considera- 
ble loss. 

In  November  1910,  a  second  child  was  added  to  my 
family,  a  daughter  whom  we  named  Marian,  In- 
creased expenses  brought  home  to  me  afresh  the  handi- 
cap under  which  I  was  laboring.  Could  I  but  cut 
loose  from  the  school,  and  devote  my  entire  time  to 
literary  pursuits,  or  resume  my  law  practice,  I  felt 
very  confident  that  I  could  greatly  improve  my  for- 
tunes. 

In  the  school's  behalf  I  had  borrowed  money  to  a 
considerable  amount.  My  total  inability  to  repay  that 
money  was  a  constant  source  of  worriment  to  me.  I 
could  not  well  overlook  the  duty  that  I  owed  my 
family,  for  they  were  the  real  victims  of  my  ambition 
to  found  a  school. 

My  wife  and  I  often  discussed  the  matter  in  an 
earnest  attempt  to  reach  some  solution  of  our  great 
problem.  But  we  were  agreed  that  my  duty  to  the 

139 


THE  EDUCATIONAL  OCTOPUS 

students  who  were  then  attending  the  school  forbade 
my  closing  it  until  the  school  year  was  ended ;  or  until 
I  could  transfer  the  school  to  responsible  proprietors. 
The  thought  of  trying  to  secure  a  professorship  in 
some  desirable  law  school  was  also  on  my  mind. 

"Weeping  beside  the  waters  of  Babylon"  never  ac- 
complished much  in  this  world.  I  soon  roused  my- 
self to  make  the  very  most  of  every  opportunity  that 
offered.  I  resolved  that  every  influence  that  could 
possibly  be  brought  to  bear  for  the  betterment  of  the 
school  should  be  employed. 

There  is  probably  no  situation  in  life,  however  diffi- 
cult, but  has  some  redeeming  feature,  if  a  person  will 
but  look  for  it.  And  I  soon  found  a  redeeming  feature 
about  my  school^ — every  student  now  in  the  school  was 
loyal  and  true. 

I  resolved  to  capitalize  that  loyalty  and,  if  possible, 
to  build  up  the  school  anew  on  stronger  foundations 
than  ever  before.  To  that  end  I  issued  a  special  state- 
ment to  the  students,  from  which  I  will  quote  in  part : 

"Measured  in  efficiency  of  instruction  of  our  stu- 
dents, we  are  entering  upon  the  best  year  of  the 
school's  existence.  The  school  equipment  is  more  com- 
plete; the  system  of  instruction  has  reached  a  higher 
degree  of  perfection  and  we  have  devised  an  improved 
method  of  faculty  co-operation,  so  that  we  can  cen- 
tralize our  efforts  to  greater  advantage.  We  expect 
every  student  to  do  his  best  in  his  work  and  we  pro- 
pose to  do  our  best  for  every  student. 

"If  you  wish  to  get  the  most  good  out  of  your 
school,  be  loyal  to  it  in  word  and  act.  It  may  not  be 
perfect,  for  I  never  knew  a  school  yet  that  was  perfect ; 
but  you  should  bear  with  us,  even  as  we  have  to  bear 

140 


THE   RESURRECTION   OF   HOPE 

with  you.  If  you  have,  or  fancy  you  have,  a  grievance 
I  ask  you  to  bring  it  to  me. 

"We  propose  to  build  up  the  strongest  and  highest 
grade  evening  law  school  in  the  United  States ;  and  if 
we  make  mistakes  from  time  to  time  we  want  to  know 
it,  so  that  we  can  rectify  them.  I  want  you  one  and 
all  to  feel  that  you  have  an  interest  in  this  school,  and 
that  the  school  has  a  vital  interest  in  you.  Let  us 
work  together  like  men  who  have  a  community  of  in- 
terest, in  a  spirit  of  good  fellowship  and  with  a  will  to 
accomplish  what  we  have  set  about." 

Desiring  if  possible,  to  unite  the  students  in  some 
common  object,  I  encouraged  the  various  classes  to 
unite  in  the  publication  of  a  school  magazine  or  paper, 
and  there  was  an  immediate  and  enthusiastic  response. 
An  editorial  board  was  formed  with  two  representa- 
tives from  each  class. 

The  fact  that  our  students  could  not  secure  law  de- 
grees was,  as  I  well  knew,  a  tremendous  handicap  to 
the  school.  I  now  set  at  work  to  obtain  if  possible  an 
agreement  with  some  other  law  school  whereby  our 
students  could  obtain  advanced  standing  and  secure 
the  degree  by  a  limited  period  of  study  at  that  school. 

For  some  time  I  had  known  Dean  W.  E.  Walz  of 
the  University  of  Maine  Law  School.  He  had  recently 
written  a  splendid  review  of  my  "Ethical  Obligations 
of  the  Lawyer."  Quite  naturally,  therefore,  I  opened 
negotiations  with  him  to  secure  an  agreement  with 
his  school.  Much  to  my  delight  I  succeeded,  and 
announced  that  result  in  the  first  issue  of  the  "Suffolk 
Law  Student,"  in  December,  1910.  Under  the  terms 
of  this  agreement,  any  student  of  the  Suffolk  School 
of  Law,  who  had  completed  his  first  three  years*  work 

141 


THE   EDUCATIONAL   OCTOPUS 

in  a  creditable  manner,  would  be  permitted  to  take  his 
Senior  work  in  the  Law  School  of  the  University  of 
Maine,  and  secure  his  degree ;  provided  he  was  a  high 
school  graduate. 

This  announcement  aroused  considerable  enthusi- 
asm. But  as  a  matter  of  fact  none  of  our  men  ever 
took  advantage  of  it;  for,  as  will  be  seen,  within  a 
year  from  that  date  our  school  began  an  aggressive 
campaign  to  secure  the  power  to  confer  degrees  in  its 
own  right. 


142 


AN   ATTEMPTED   CONSOLIDATION 


CHAPTER  XXXII. 

An  Attempted  Consolidation. 

One  day  in  December,  1910,  a  stranger  walked  into 
my  office  and  asked  me  if  I  could  spare  him  a  few  min- 
utes of  time.  He  was  a  Boston  lawyer,  and  my  first 
thought  was  that  he  desired  to  secure  an  appointment 
to  the  faculty ;  for  every  year  quite  a  number  of  law- 
yers make  applications  of  that  nature.  But  his  mis- 
sion at  first  surprised  and  alarmed  me. 

He  declared  that  he  represented  certain  gentlemen 
of  sound  financial  backing  who  proposed  to  found  a 
new  evening  law  school  in  Boston — one  that  should 
successfully  rival  the  Y.  M.  C.  A.  Law  School.  He 
stated  that  he  was  investigating  the  situation,  and 
intimated  that  the  schools  now  in  existence  in  Boston, 
mine  included,  would  be  invited  to  consolidate  with 
the  new  venture. 

He  then  suggested  that  inasmuch  as  my  school 
seemed  to  be  the  most  systematically  organized  and 
conducted,  and  already  had  some  reputation  in  the 
community,  it  might  be  that  the  movement  could  cen- 
tralize about  my  school ;  that  the  new  organization 
could  retain  the  name  Suffolk ;  that  I  continue  as  Dean 
and  that  the  whole  aflfair  be  made  to  appear  as  though 
the  Suffolk  School  of  Law  were  absorbing  the  smaller 
schools,  Innes's  School  and  others.  He  asked  me  if 
such  a  plan  would  appeal  to  me.  I  agreed  that  it 
soimded  good. 

143 


THE  EDUCATIONAL  OCTOPUS 

He  enthused  somewhat,  and  described  how  we 
would  incorporate  and  put  a  bill  through  the  legis- 
lature for  power  to  confer  degrees.  Then  he  wanted 
to  know  how  much  I  would  sell  the  school  for,  but  as 
I  was  not  prepared  to  set  a  figure  upon  it  he  made  an 
appointment  for  a  second  conference  and  left  me. 

This  new  proposition  appealed  to  me  very  strongly. 
It  seemed  to  point  to  a  Heaven-sent  deliverance  from 
a  situation  where  I  was  no  longer  able  to  personally 
finance  the  school.  If  we  were  to  consolidate  and  I 
were  to  receive  a  guaranteed  salary  instead  of  nothing, 
with  accumulating  school  debts  added  to  that,  it  would 
indeed  be  a  welcome  deliverance. 

At  my  next  meeting  with  the  gentleman,  whom  I 
shall  call  "the  promoter,"  I  named  a  price  for  the 
school,  which  I  figured  would  be  but  a  modest  return 
for  the  as  yet  unrewarded  labor  I  had  bestowed  upon 
the  institution.  He  was  visibly  startled  by  the  price 
and  said  that  his  parties  would  never  think  of  paying 
so  much. 

He  "beat  about  the  bush"  for  some  time;  but  I 
finally  told  him  that  whatever  offer  were  made  it 
would  have  to  be  a  cash  proposition,  for  I  was  begin- 
ning to  suspect  that  he  was  insincere.  He  argued  that 
if  I  were  to  be  paid  out  of  the  school  profits  as  they 
came  in,  it  would  be  as  much  as  I  could  expect.  But 
I  did  not  take  kindly  to  his  line  of  reasoning. 

He  then  proposed  that  Mr.  Innes  should  be  brought 
into  the  next  conference;  and  I  saw  at  once  that  he 
was  merely  an  emissary  from  Mr.  Innes.  But  I  was 
willing  to  see  what  was  afoot  from  that  quarter,  so  I 
agreed  to  the  suggestion,  and  we  later  met  at  the 
promoter's  office,  December  21st,  1910. 

144 


AN  ATTEMPTED   CONSOLIDATION 

The  first  joint  conference  was  barren  of  results,  but 
at  a  subsequent  meeting,  December  27th,  Mr.  Innes 
and  I  reached  a  tentative  agreement  to  merge  our 
schools,  he  paying  me  a  stated  sum  to  equalize  our 
equities.  We  were  to  form  a  corporation  and  apply 
for  a  charter  with  power  to  confer  degrees.  He  as- 
sured me  that  he  could  easily  secure  the  passage  of  the 
bill  and,  from  what  I  had  heard  of  him  as  a  power  in 
Massachusetts  politics,  I  had  little  doubt  of  his  ability 
to  accomplish  the  feat.  In  fact,  that  was  one  of  the 
chief  inducements  that  led  me  to  make  the  tentative 
agpreement  to  consolidate. 

In  my  diary  under  date  of  December  31,  1910  I 
wrote : 

"As  I  look  forward  to  the  new  year  there  are  sev- 
eral problems  that  seem  to  be  impending.  The  first 
is  the  merger  of  the  Suffolk  School  of  Law  with  the 
Innes  School.  As  things  stand  it  looks  as  though 
this  would  be  successfully  accomplished.  The  second 
is,  whether  after  the  merger  we  can  succeed  in  pro- 
curing the  power  to  grant  degrees.  The  third  is 
whether  in  incorporating  the  Suffolk  School  of  Law 
we  should  found  a  day  school  as  well  as  an  evening' 
school." 

The  next  entry  in  my  diar}"^  concerning  the  merger 
is  under  date  of  January  7,  191 1 : 

"Came  to  town  on  7.49  A.  M.  train  to  meet  Mr. 
Innes.  He  failed  to  appear  at  scheduled  time  and  it 
was  after  10.30  when  he  finally  came  in.  We  discussed 
many  things,  but  came  to  no  agreement  on  the  date 
when  he  was  to  pay  the  cash  difference  that  stands 
between  us.  He  wishes  to  wait  and  allow  me  to  take 
it  from  school  profits  later.    I  asked  for  it  now.    He 

145 


THE  EDUCATIONAL  OCTOPUS 

made  a  further  appointment  for  Monday  morning, 
promising  to  be  on  hand  early." 

"Monday,  January  9,  191 1. 

"Came  to  town  on  the  morning  train  (7.49)  to  meet 
an  appointment  with  Mr.  Innes.  Mr,  Innes  did  not 
keep  his  appointment. 

"Have  suspended  all  preparations  on  the  incorpora- 
tion affair  and  will  await  developments.  If  Mr.  Innes 
wishes  to  do  anything  he  must  now  take  the  initiative. 
I  am  through;  for  a  failure  to  pass  the  bill  would  be 
fatal,  and  unless  Mr.  Innes  takes  a  hand  in  real  earn- 
est, there  is  little  prospect  of  doing  anything." 

But  on  the  following  day  "the  promoter"  arranged 
for  another  conference  with  Mr.  Innes.  We  had  al- 
ready partially  drafted  a  bill,  to  be  filed  with  the  legis- 
lature some  time  before  Saturday  noon,  January  14th, 
for  the  incorporation  of  the  school  with  power  to  con- 
fer degrees.  But  I  told  Mr.  Innes  flatly  that  I  would 
not  file  such  a  bill  unless  he  first  demonstrated  his  ab- 
solute good  faith  by  paying  me  the  sum  agreed  upon. 
Otherwise  the  failure  of  the  bill  would  injure  my 
school  without  the  slightest  harmful  effect  to  him.  My 
only  guaranty  that  he  would  really  work  for  the  pas- 
sage of  the  measure  would  be  that  he  had  something 
to  lose  as  well  as  I. 

At  this  conference  Mr.  Innes  gave  me  written  sug- 
gestions as  to  the  terms  of  a  consolidation  agreement, 
and  promised  to  have  it  ready  for  signature  by  ten 
o'clock  the  next  forenoon,  at  which  time  he  would  pay 
over  the  amount  agreed  upon.  He  requested  me  to 
draw  up  estimates  of  school  expenses  for  the  balance 
of  the  year  and  to  compile  certain  statistics.  When 
we  separated,  it  seemed  that  the  matter  was  as  good 
as  closed. 

146 


AN  ATTEMPTED  CONSOLIDATION 

I  went  to  Boston  on  the  early  train  the  next  morn- 
ing, Wednesday,  Jan.  ii,  191 1,  and  worked  nearly  all 
the  forenoon  on  the  estimate  and  statistics;  all  the 
while  expecting  to  hear  from  Mr.  Innes.  But  he  failed 
to  put  in  appearance.  I  was  thoroughly  disgusted 
with  the  whole  consolidation  aflFair,  for  I  have  always 
made  it  a  rule  of  life  to  keep  my  word  with  punctillious 
exactness,  never  missing  an  appointment  if  it  was 
physically  possible  to  keep  it.  For  that  reason,  per- 
haps, I  have  always  lost  faith  in  a  man's  dependability 
if  he  manifested  light  regard  for  his  promise,  even  in 
such  a  matter  as  an  appointment. 

Dismissing  the  whole  matter  from  my  mind,  I 
turned  my  attention  to  a  new  and  alluring  task,  to  be 
explained  more  fully  in  the  next  chapter,  the  writing 
of  my  third  law  book. 

The  day  was  not  to  pass,  however,  without  hearing 
from  Mr.  Innes.  He  desired  to  postpone  the  matter 
until  the  next  day. 

On  the  following  day  I  worked  steadily  on  my  law 
book,  hearing  nothing  at  all  from  Mr.  Innes.  At  five 
o'clock  in  the  afternoon  I  called  up  his  office  and 
learned,  to  my  consternation,  that  he  had  left  for  New 
York  a  short  time  before  and  would  not  return  until 
Monday.  My  indignation  at  this  treatment  was  only 
exceeded  by  my  grim  satisfaction  that  he  would  not 
find  me  the  "easy  mark"  that  he  evidently  expected. 

My  suspicion  at  the  time  was  that  he  fancied  me  so 
eager  to  secure  power  to  confer  degrees  that  I  would 
file  a  bill  in  the  legislature  before  the  time  expired  for 
filing  bills  on  Saturday,  and  thus  be  in  a  fine  position 
to  have  my  school  mercilessly  slaughtered,  and  a  dan- 
gerous rival  to  his  own  school  thus  effectively  dis- 
posed ot 

147 


THE  EDUCATIONAL  OCTOPUS 

But  I  had  had  the  experience  once  in  my  childhood 
of  being  led  up  to  a  bee-hive  by  a  designing  companion 
and  being  most  decidedly  stung.  The  lesson  of  caution 
that  it  taught  me  had  remained  with  me  forever  after. 

However,  I  may  have  misjudged  Mr.  Innes.  But 
that  the  whole  affair  was  prompted  by  covetous  de- 
signs upon  my  school  is  too  obvious  for  comment. 

It  had  one  momentous  result.  He  had  unwittingly- 
rendered  me  a  great  service,  for  the  germ  of  the  idea 
that  later  took  form  in  our  aggressive  campaign  in  the 
legislature  had  been  sown  in  my  mind;  there  to  re- 
main dormant  for  some  months  until  in  the  natural 
course  of  events  it  should  rise  up  and  bear  fruit. 

As  I  look  upon  the  negotiations  from  this  distance 
of  time  it  seems  to  me  merely  another  manifestation 
of  that  over-ruling  Providence  that  has  many  times  in 
my  life  turned  me  aside  from  a  mistaken  course  of  ac- 
tion, and  gradually  forced  me  to  that  course  that  was 
wisest  and  best.  It  would  have  been  a  mistake  to 
have  attempted  to  secure  power  to  confer  degrees  for  a 
privately-owned  institution.  Even  though  we  had 
secured  the  charter,  I  very  much  doubt  if  two  men 
with  such  differing  ideas  of  teaching,  or  with  such 
differing  ideals  of  life  as  I  now  know  us  to  possess, 
could  long  have  continued  in  the  harmonious  relation 
essential  to  the  progress  of  the  school. 

It  may  be  that  all  the  hardships  and  trials  through 
which  I  had  passed,  and  the  very  competition  of  the 
Y.  M.  C.  A.  Law  School,  all  had  their  proper  share  in 
forcing  me  into  the  seemingly  desperate  attempt  to 
secure  a  charter  which  has  resulted  so  gloriously  to 
the  Suffolk  Law  School.  Unconsciously,  I  was  paving 
the  way  for  victory  when  poverty  forced  me  to  extra 

148 


AN   ATTEMPTED   CONSOLIDATION 

endeavors  in  writing  law  books,  for  without  the  repu- 
tation acquired  through  them,  the  fight  could  never 
have  been  won  in  the  face  of  such  powerful  opposition. 


149 


THE  EDUCATIONAL  OCTOPUS 


CHAPTER  XXXIII. 
The  Winter  of  1911. 

The  origin  of  my  book  on  Contracts  is  thus  told  in 
my  diary  under  date  of  December  31,  1910. 

"For  some  time  I  have  thought  that  a  few  years  hence 
I  would  venture  into  the  field  of  substantive  law  and 
write  on  'Contracts/  'Agency/  etc.,  for  clear,  concise 
text  books  on  these  subjects  are  needed.  But  I  have  not 
imtil  today  entertained  any  thought  of  immediate  writing 
^upon  either  subject. 

"Today,  at  11:00  A.  M.,  as  I  was  going  to  Little, 
Brown  &  Co/s  on  business,  and  had  just  passed  the  State 
House  on  Beacon  Street,  the  thought  sprang  into  my 
mind  of  asking  Mr.  Mclntyre  of  the  firm,  should  I  see 
him,  if  in  his  opinion,  there  was  a  field  for  a  book  on 
'Contracts.' 

"The  opportunity  presented  itself  and  I  asked  the 
question.  He  promised  to  report  to  me  shortly.  As  I 
was  leaving  the  building  a  momentary  regret  at  what  I 
had  done  came  into  my  mind.  I  felt  that  I  had  'put  my 
foot  into  it,'  for  it  occurred  to  me  that  I  would  not  care 
to  write  the  book  now  if  they  should  chance  to  desire  it. 
But  every  hour  since  then  my  enthusiasm  has  increased, 
and  if  they  will  take  such  a  book,  I  will  begin  its  prep- 
aration immediately." 

On  January  3,  191 1,  I  began  writing  on  the  book, 
finishing  the  second  chapter  that  week.  It  will  be 
remembered  that  at  this  time  I  was  in  negotiation  with 

150 


THE  WINTER  OF  1911 

Mr.  Innes,  but  after  those  negotiations  were  broken  off, 
I  fell  to  work  upon  the  book  with  great  zeal.  Between 
Monday,  January  16,  and  Saturday  night,  January  21,  I 
wrote  ninety-seven  pages  of  manuscript. 

I  completed  the  book  March  16,  191 1,  having  occupied 
fifty-three  days  in  actual  composition,  out  of  seventy- 
two  days  from  start  to  finish.  In  manuscript,  the  book 
contained  five  hundred  and  fourteen  pages.  My  two 
most  productive  days  were  February  9th  and  March  6th, 
having  written  twenty-one  pages  each  day. 

The  book  was  published,  not  in  Boston,  as  I  had  orig- 
inally planned,  but  by  a  publishing  house  in  Chicago, 
coming  from  the  press  in  October,  191 1. 

It  must  not  be  supposed,  however,  that  my  time  during 
the  winter  of  191 1  was  entirely  engrossed  with  literary 
work  and  school  duties,  for  the  ever  present  knowledge 
of  the  desperate  straits  into  which  the  school  had  drifted 
hung  over  me  like  a  nightmare. 

If  I  could  then  have  sold  the  school  to  any  responsible 
parties  for  a  sum  sufficient  to  cancel  the  debts  that  I  had 
incurred  in  the  school's  behalf,  it  is  more  than  probable 
that  I  would  have  done  so,  irrespective  of  the  years 
of  unrewarded  labor  that  I  had  already  bestowed  upon  it. 

I  did,  in  fact,  offer  to  sell  a  half  interest  in  the  school 
to  several  different  lawyers  of  my  acquaintance,  at  an 
absurdly  low  figure,  but  fortunately  without  result. 

There  was  one  thing  clearly  apparent  to  me  all  along 
— that  power  to  confer  law  degrees  was  imperatively 
necessary  if  the  school  were  ever  to  become  a  success. 
Despairing  of  securing  assistance  from  individuals,  I 
turned  my  attention  to  what  seemed  to  be  a  last  hope — 
affiliation  with  a  certain  nearby  college  that  had  recently 
developed  into  a  university,  with  several  professional 
schools,  but  with  no  law  department. 

151 


THE  EDUCATIONAL  OCTOPUS 

I  interviewed  the  President  of  the  university  and 
offered  to  turn  over  my  school  to  the  university  as  a 
nucleus  around  which  to  build  a  day  and  evening  law 
school.  Such  a  school  would  be  able  to  confer  degrees 
without  special  legislation,  the  power  being  inherent  in 
the  charter  of  the  university. 

Although  my  proposal  found  cordial  approval  with  the 
President,  it  was,  after  some  weeks,  definitely  rejected 
by  the  trustees — some  of  whom  were  opposed  to  a  law 
department,  whether  day  or  evening. 

The  temporary  encouragement  afforded  by  these  nego- 
tiations was  of  great  value  to  me.  It  led  me  to  a  clearer 
view  of  the  whole  situation,  and  impressed  upon  me  the 
value  that  a  day  department  would  possess  if  run  in  con- 
junction with  our  evening  school. 

I  was  aware  that  many  students  feel  a  sensitiveness 
about  having  it  known  that  they  are  evening  students.  If 
the  Suffolk  School  of  Law  had  both  day  and  evening 
departments,  the  effect  would  be  greatly  to  strengthen 
the  evening  school,  for  a  man  could  then  feel  that  the 
public  could  not  label  him  as  an  evening  student  merely 
because  he  hailed  from  our  school.  I  reasoned,  there- 
fore, that  even  though  we  could  not  confer  degrees,  this 
new  feature  would  prove  a  counter  stroke  against  the 
Y.  M.  C.  A.  Law  School. 

But  there  was  also  another  reason  for  the  day  depart- 
ment. Already  in  my  consciousness  was  shaping  the  res- 
olution to  launch  a  campaign  to  secure  the  power  to 
confer  degrees.  I  was  well  aware  of  the  prejudice  that 
existed  among  lawyers  against  the  Y.  M.  C.  A.  Law 
School  having  the  right  to  confer  degrees.  It  was 
claimed  that  had  the  public  been  aware  of  what  was 
taking  place  when  the  Y.  M.  C.  A.  charter  was  "rail- 
roaded" through  the  legislature  in  1904,  the  bill  would 

152 


THE   WINTER   OF   191 1 

not  have  passed.  I  feared  that  an  attempt  to  charter 
another  evening  law  school,  with  the  tremendous  opposi- 
tion that  was  sure  to  be  encountered,  would  be  disastrous 
to  my  school.  If  we  had  a  day  department,  I  reasoned, 
it  would  disarm  in  a  large  measure  the  prejudice  against 
the  institution. 

At  about  this  time  word  came  to  me  that  Boston  Uni- 
versity Law  School  had  become  in  some  way  cognizant 
of  my  negotiations  with  the  university  to  which  I  have 
referred,  and  that  ominous  threats  were  being  uttered 
against  me. 

While  I  was  in  no  way  influenced  by  these  rumors,  yet 
the  fact  that  the  desired  enlargement  would  involve  addi- 
tional expense,  raised  an  insuperable  difficulty.  The 
failure  of  my  efforts  to  sell  an  interest  in  the  school  now 
seemingly  cut  off  all  possibility  of  enlargement  and 
closed  the  only  avenue  of  hope. 


153 


THE  EDUCATIONAL  OCTOPUS 


CHAPTER  XXXIV. 

A  New  Lease  of  Life. 

Bankruptcy  and  the  dissolution  of  the  school  were  the 
somber  prospects  before  me  on  the  first  day  of  March, 
191 1.  I  felt  that  I  had  done  my  utmost.  I  had  fought  a 
long  uphill  fight,  and  had  at  length  been  overborne  in  the 
contest.  The  school  must  be  disbanded  in  May,  imless 
a  Heaven-sent  deliverance  intervened. 

With  great  reluctance  to  acknowledge  my  defeat,  I 
went  to  Mr.  Frost  and  told  him  all.  There  were  two 
possible  courses  to  be  pursued,  I  assured  him:  I  could 
disband  the  school  in  May  and  definitely  resume  my  law 
practice ;  or  I  could  try  it  out  for  one  more  year,  with  a 
day  department  and  an  appeal  to  the  legislature  for  a 
charter  authorizing  the  conferring  of  law  degrees  upon 
our  graduates. 

Whether  Mr.  Frost  believed  at  that  time  in  the  event- 
ual success  of  the  school;  or  whether  his  advice  was 
prompted  by  a  desire  to  save  me  from  the  heavy  blow  of 
dissolution  of  the  school,  I  have  never  been  able  to  deter- 
mine— but  he  advised  the  second  course,  and  offered  to 
make  me  an  additional  loan  of  $500  for  that  purpose, 
although  the  previous  $500  loan  was  still  unpaid. 

As  I  look  upon  it  now,  that  interview  was  the  great 
and  crucial  moment  in  the  history  of  the  Suffolk  Law 
School.  Had  Mr,  Frost  done  what  the  ordinary  busi- 
ness man  would  have  done,  the  school  would  doubtless 

154 


A  NEW  LEASE  OF  LIFE 

have  closed  for  all  time  in  May,  191 1 ;  but  he  was  not 
the  ordinary  business  man,  and  the  school  passed  through 
the  crisis  in  safety. 

With  new  strength  and  courage  I  flung  myself  into 
the  task  of  reorganization  of  the  school.  The  first  step 
was  to  incorporate  as  a  charitable  educational  institution 
under  the  general  law.  The  agreement  of  association 
was  signed  March  10,  191 1,  and  the  charter  was  shortly 
after  granted  to  the  following  incorporators :  Gleason  L. 
Archer,  Thomas  J.  Boynton,  John  A.  Bennett,  Wilmot 
R.  Evans,  Jr.,  Sumner  Robinson,  Arthur  W.  MacLean, 
and  Webster  A.  Chandler. 

Definite  plans  for  the  organization  of  the  day  school 
now  went  forward  rapidly,  in  spite  of  the  fact  that  one 
of  the  officials  of  Boston  University  Law  School  in- 
formed me  that,  if  I  started  a  day  school,  the  Univer- 
sity would  retaliate  by  opening  an  evening  school  that 
would,  as  he  expressed  it,  "wipe  the  Suffolk  Law 
School  off  the  map." 

It  may  be  of  interest  to  quote  from  a  letter  which  I 
wrote  to  the  Dean  of  the  Boston  University  Law  School 
at  that  time :  "The  University  authorities  would  continue 
for  five  years  to  repulse  and  ignore  me,  and  then  when 
I  had  matured  plans  that  might  possibly  conflict  with 
their  interests  they  say  'Archer  is  an  ingrate.  He  doesn't 
appreciate  what  we  have  done  for  him.*  I  do  appre- 
ciate what  the  university  did  for  me  when  I  was  a  stu- 
dent, but  I  do  not  appreciate  the  attitude  they  have 
adopted  since.  The  university  itself  and  its  departments 
were  founded  by  men  who  were  obliged  in  so  founding 
to  enter  into  competition  with  their  alma  mater.  How  is 
our  case  different?  If  the  University  sets  out  to  ruin 
my  school  they  may  speedily  succeed.  But  of  course  I 
shall  do  my  best  to  weather  the  gale." 

155 


THE  EDUCATIONAL  OCTOPUS 

The  first  public  announcement  of  the  new  day  depart- 
ment was  issued  May  i,  191 1,  and  the  result  was  very 
pleasing.  Requests  for  catalogues  came  in  as  never 
before  at  that  period  of  the  year,  and  I  felt  that  the 
school  had  indeed  "a  new  lease  of  life. 


156 


SCHOOL  VOTES  TO  PETITION  LEGISLATURE 


CHAPTER  XXXV. 

The  School  Votes  to  Petition  the  Legislature. 

The  summer  of  191 1  was  full  of  interest  for  me. 
My  new  book  on  Contracts  was  in  the  process  of  pub- 
lication, with  proof  sheets  to  be  read,  and  index  and 
table  of  contents  to  prepare,  with  all  the  other  com- 
plications that  usually  attend  the  publication  of  a 
book.  I  was  keenly  interested,  as  may  readily  be  sup- 
posed, in  the  number  of  prospective  students  that 
might  register  during  the  summer. 

Despite  the  call  for  catalogues,  it  was  not  until  the 
latter  part  of  August  that  the  first  day  student  regis- 
tered. The  evening  department,  however,  was  far  ahead 
of  the  previous  year's  record,  and,  to  use  a  sporting 
phrase,  "was  running  strong." 

The  evening  department  opened  September  25,  191 1, 
with  thirty  freshmen  in  attendance,  the  number  later  in- 
creasing to  thirty-six.  Small  as  it  was,  this  class 
afforded  very  encouraging  evidence  of  renewed  vitality 
of  the  school,  for  it  was  fifty  per  cent,  larger  than  the 
freshman  class  of  the  previous  year. 

If  I  had  entertained  any  illusions  as  to  the  size  of  the 
entering  class  in  the  day  department,  these  illusions  were 
speedily  dissipated,  for  less  than  half  those  who  had 
registered  put  in  appearance  on  opening  day. 

We  had  about  five  day  students,  but  we  resolved  to  be 

157 


THE  EDUCATIONAL  OCTOPUS 

"game"  and  carry  out  the  regular  schedule,  irrespective 
of  the  size  of  the  class. 

The  new  department  had  served  its  purpose  in 
strengthening  the  evening  school.  It  was  doubtless  an 
assurance  to  the  public  that  the  school  was  prospering, 
for  only  the  prosperous  can  be  expected  to  add  new 
departments.  It  carried  the  lesson  to  me  anew — ^we 
must  secure  power  to  confer  degrees  or  disband  the 
school.  It  was  a  case  of  now  or  never.  I  began  defi- 
nitely to  plan  the  great  contest  that  has  resulted  so  glori- 
ously to  the  school. 

Before  committing  myself  to  any  course  of  action, 
however,  I  desired  to  learn  the  sentiments  of  the  student 
body,  and  ascertain  definitely  whether  they  would  sup- 
port me  in  the  contest.  I  was  aware  that  some  of  the 
members  of  our  corporation  were  adverse  to  a  legislative 
contest,  so  it  was  necessary  to  be  armed  with  complete 
information  as  to  what  support  we  could  expect  from  the 
students  before  presenting  the  matter  definitely  to  the 
trustees. 

I  caused  a  petition  to  the  trustees  to  be  circulated  in 
the  various  classes,  calling  for  a  legislative  contest  for 
degree  granting  power.  The  name  of  practically  every 
student  in  the  school  was  speedily  enrolled. 

After  taking  counsel  with  some  of  my  friends  as  to 
the  best  way  of  getting  the  matter  before  the  legislature, 
I  decided  that  an  illustrated  booklet  with  photographs  of 
the  faculty  and  representative  groups  of  students  would 
be  advisable.  The  expense  of  such  a  booklet  was  the 
only  objection.  A  few  evenings  before  the  corporation 
meeting  was  to  be  held,  I  met  each  class  personally  and 
laid  the  entire  matter  before  them,  with  an  estimate  of 
the  expense  of  advertising,  printing  and  postage  incident 
to  the  contest. 

158 


SCHOOL  VOTES  TO  PETITION  LEGISLATURE 

The  response  to  my  appeal  was  such  as  I  had  never 
experienced  in  the  history  of  the  school.  The  great  out- 
pouring of  loyal  support  thrilled  me  to  the  soul.  I 
vowed  then  and  there  never  to  quit  in  the  fight  for 
the  upbuilding  of  the  school. 

The  students  subscribed  a  fund  of  one  hundred  sev- 
enty dollars  or  thereabouts,  meeting  in  full  my  estimate 
of  the  expenses  to  be  incurred.  Nor  did  these  subscrip- 
tions come  from  a  few  students,  for  the  largest  subscrip- 
tion was  five  dollars,  and  the  majority  of  them  were 
ones  and  twos,  with  eighty-two  out  of  our  ninety-four 
students  recorded. 

Armed  with  these  facts,  I  met  the  other  members  of 
the  corporation  on  the  afternoon  of  November  17,  iQii. 
Hon.  Thomas  J.  Boynton  presided,  for  he  was  the  official 
head  of  the  corporation.  Six  of  the  seven  incorporators 
were  present. 

The  entire  meeting  was  devoted  to  the  question  of 
the  wisdom  of  instituting  a  legislative  contest.  Mr. 
Boynton  and  Judge  Bennett  were  not  over-enthusiastic 
at  the  prospect.  But  I  had  taken  the  precaution  of 
securing  the  votes  of  a  majority  of  the  board  before  the 
meeting  began,  so  I  was  reasonably  sure  of  the  result. 
I  received  an  affirmative  vote ;  but  none  of  us  realized 
at  the  time  the  magnitude  of  the  task  that  awaited  us. 
The  die  was  cast,  and  the  legislative  campaign  defi- 
nitely begun.  I  returned  home  that  night  full  of 
agreeable  anticipations,  for  a  task  that  promises  a 
strenuous  battle  of  wits  has  never  found  me  lacking 
in  zest  for  the  fray. 


159 


THE  EDUCATIONAL  OCTOPUS 


CHAPTER  XXXVI. 

Strengthening  the  Line-up. 

A  distinct  shock  awaited  me,  when  I  reached  the 
office  next  day — ^Judge  Bennett  had  resigned  from  the 
school  corporation.  Although  he  had  voted  for  the 
measure,  or  at  least  not  opposed  it  in  the  corporation 
meeting,  he  now  decided  that  his  position  as  a  judge 
precluded  him  from  taking  any  part,  even  nominally 
in  a  legislative  contest. 

I  immediately  visited  him  at  his  office,  for  I  realized 
that  without  him  our  corporation  would  have  only 
two  men  who  were  likely  to  have  any  weight  with 
the  legislature,  Messrs.  Evans  and  Boynton.  He 
could  not  be  persuaded  to  withdraw  his  resignation, 
so  I  resolved  to  say  nothing  about  it  for  a  few  days, 
until  I  could  arrive  at  some  definite  plan  to  retrieve 
our  loss. 

Like  other  happenings  that  have  filled  me  with  dis- 
may in  some  crisis  of  the  school's  history,  this  led  me 
to  adopt  the  only  course  that  could  have  succeeded  in 
the  legislative  fight — to  secure  the  co-operation  of 
well-known  men  who  had  influence  with  the  legisla- 
ture. 

My  first  thought  was  to  obtain  one  such  man  to 
fill  Judge  Bennett's  place;  but  I  soon  realized  that  our 
prospects  would  be  greatly  enhanced  if  all  the  peti- 
tioners, aside  from  myself,  were  prominent  in  the  pub- 
lic eye. 

i6o 


STRENGTHENING  THE  UNE-UP 

Mr.  Evans  had  recently  completed  several  years  in 
the  legislature,  having  been  chairman  of  Judiciary  in 
the  Senate  during  the  previous  year,  and  could  there- 
fore advise  me  what  men  to  seek.  Acting  upon  his 
suggestion,  I  interviewed  a  number  of  prominent  men, 
the  majority  of  whom  turned  me  down  on  one  pretext 
or  another.  It  was  the  latter  part  of  November  be- 
fore the  seven  petitioners  were  definitely  settled  upon. 

Hon.  Charles  W.  Bartlett  was  the  first  to  accept  a 
place  on  the  board.  I  shall  always  carry  a  vivid  recol- 
lection of  my  first  interview  with  him.  Mr.  Evans 
had  secured  an  appointment  for  me,  and  I  waited  on 
the  General  with  some  trepidation.  By  reputation  I 
knew  him  to  be  a  celebrated  lawyer,  and  one  who  had 
not  long  before  been  Democratic  candidate  for  Gov- 
ernor in  an  aggressive  campaign. 

General  Bartlett's  "bangs"  and  genial  face  were  fa- 
mous in  the  newspapers  all  over  the  State.  I  needed 
no  second  glance  to  know  that  I  was  in  his  presence 
when  I  entered  his  private  office.  He  removed  his 
cigar  and  shook  hands  with  me,  cracked  a  joke  or  two, 
replaced  the  cigar — lighted  it  and  told  me  to  "fire 
away." 

He  sat  there,  tilted  back  in  his  chair,  facing  me 
across  his  flat  top  desk,  and  I  began  my  story.  He 
scarcely  uttered  a  word  until  I  had  covered  the  history 
of  the  school  and  my  present  plan  of  action. 

His  cigar  had  been  out  for  half  an  hour,  but  he  con- 
tinued to  hold  it  in  his  mouth.  When  I  invited  him 
to  become  a  member  of  the  board  he  began  in  his  slow, 
droll  way  to  cast  up  the  account  as  if  he  were  adding 
a  sum,  while  going  over  the  names  of  Messrs.  Boyn- 
ton,  Evans  and  Robinson,  expressing  the  value  of 
each  in  swear  words  and  nods  of  approval. 

i6i 


THE   EDUCATIONAL  OCTOPUS 

A  young  lady  stenographer  entered  occasionally,  to 
announce  that  Mr.  So  and  So  was  waiting  to  see  him ; 
but  each  time  the  General  would  say,  "The  Professor 
and  I  are  having  a  d — n  good  time.  That  feller  will 
have  to  wait."  And  wait  they  did,  for  there  was  a 
goodly  array  of  dark  looks  that  greeted  me  when  I 
finally  emerged  from  the  inner  office. 

After  the  General  had  told  me  a  few  stories,  he  fin- 
ally came  to  the  point  of  informing  me,  in  his  whimsi- 
cal way,  that  once  he  had  enlisted  under  "Old  Abe," 
and  he  was  going  to  do  it  again.  A  picture  of  Lincoln 
was  hanging  behind  me  on  the  wall  and,  from  a  fan- 
cied resemblance,  he  had  dubbed  me  "Old  Abe."  That 
has  been  his  favorite  name  for  me  ever  since. 

Having  secured  General  Bartlett,  there  were  two 
other  possible  vacancies.  Former  Congressman 
Joseph  F.  O'Connell  was  next  on  my  list,  and  on  the 
following  day,  I  succeeded  in  seeing  him. 

I  had  met  him  once  before,  during  the  second  year 
of  the  school,  and  had  at  that  time  told  him  something 
of  what  I  was  doing.  But  now  that  I  was  inviting 
him  to  join  our  corporation,  he  manifested  no  great 
enthusiasm.  Had  it  not  been  for  General  Bartlett's 
name  on  the  list,  I  doubt  very  much  if  he  would  have 
considered  it  at  all.  But  he  promised  to  give  the  mat- 
ter thought  for  a  day  or  two,  and  let  me  know. 

Owing  to  the  fact  that  I  had  found  prominent  Dem- 
ocrats to  be  more  approachable  than  prominent  men 
of  my  own  political  faith,  I  turned  naturally  to  the 
man  who  had  twice  been  standard  bearer  of  that 
party  in  the  State  Election — James  H.  Vahey. 

My  acquaintance  with  Mr.  Vahey  was  limited  to  a 
single  previous  meeting;  but  one  or  two  of  his  rela- 
tives had  studied  in  the  school,  so  he  was  reasonably 

162 


STRENGTHENING  THE  LINE-UP 

familiar  with  the  institution.  He  was  as  swift  to  ac- 
cept as  the  others  had  been  slow,  for  within  five  min- 
utes he  said :  "You  don't  need  to  plead  your  case  at 
all,  Mr.  Archer.  Your  school  is  doing  good  work  and 
I  will  be  glad  to  become  a  member  of  your  corpora- 
tion." 

The  next  day  Mr.  O'Connell  accepted  a  place  on  our 
board,  and  the  list  of  petitioners  was  complete. 

As  I  look  back  upon  it  now  the  securing  of  these 
three  prominent  Democrats  was  a  master  stroke,  for 
it  lined  up  the  whole  Democratic  vote  of  the  House 
and  Senate.  Had  we  gone  to  the  legislature  with  the 
original  corporation,  the  majority  of  whom  were  un- 
known, our  contest  must  have  ended  in  ignominious 
defeat.  Unconsciously  I  had  selected  three  of  the 
most  aggressive  warriors  that  could  have  been  found 
in  the  city  of  Boston.  Subsequent  events  will  show 
how  loyally  and  effectively  they  supported  me  in  the 
great  legislative  contest  that  was  to  rage  for  three 
years  from  that  date. 


163 


THE  EDUCATIONAL  OCTOPUS 


CHAPTER  XXXVII. 

Enter  Joe  Parks. 

Even  before  the  personnel  of  our  new  corporation 
was  complete,  I  had  prepared  the  material  for  the  il- 
lustrated booklet;  collected  the  photographs  of  the 
faculty;  had  various  student  groups  taken  and  half 
tones  made  for  our  illustrations.  Never  before  in  my 
life  had  I  been  so  busy,  for  I  was  teaching  daily  in  the 
day  school  and  two  evenings  a  week  in  the  evening 
department,  as  well  as  attending  to  my  regular  ad- 
ministrative duties.  Preparation  for  the  legislative 
contest  was  merely  side  line  work,  but  it  occupied 
every  available  moment  of  day  or  evening. 

At  the  State  House  I  conducted  a  careful  investi- 
gation of  the  various  steps  that  had  been  taken  in 
1904  by  the  Y.  M.  C.  A.  Law  School  when  it  secured 
power  to  confer  degrees.  I  thereby  nearly  committed 
a  fatal  error. 

There  is  a  provision  of  law  in  Massachusetts  that 
an  educational  corporation  that  desires  a  charter  with 
power  to  confer  degrees  must  advertise  for  three  suc- 
cessive weeks  in  the  newspapers,  the  last  advertise- 
ment to  appear  at  least  fourteen  days  before  the  legis- 
lature convenes. 

The  Y.  M.  C.  A.  Law  School  had  disregarded  this 
law.  Its  bill  had  been  introduced  very  quietly  and 
rushed  through  the  legislature  in  double  quick  time. 
There  was  nothing  in  the  State  House  to  apprise  me 

164 


ENTER  JOE   PARKS 

of  the  statutory  requirement;  so  I  went  on  calmly 
with  my  preparations  until  about  the  twenty-third  of 
November. 

By  great  good  fortune,  while  looking  up  a  statute 
in  the  Revised  Laws,  I  stumbled  upon  the  provision 
to  which  I  have  referred.  If  I  acted  quickly  there  was 
yet  time  to  comply  with  the  statute.  It  may  be  im- 
agined that  no  time  was  lost  in  notifying  the  State 
Board  of  Education,  and  requesting  the  designation 
of  newspapers  (as  the  law  required).  The  newspapers 
designated  were  the  Boston  Transcript  and  the 
Spring^eld  Republican. 

The  body  of  our  advertisement,  in  the  form  of  a 
petition  addressed  to  the  legislature  was  as  follows: 

"The  undersigned  citizens  of  Boston  and  vicinity 
respectfully  represent  that  for  some  years  past  there 
has  been  maintained  in  Boston  a  law  school  known 
as  the  Suffolk  School  of  Law;  that  the  attendance  at 
said  school  and  the  work  done  there  has  been  such 
as  to  warrant  the  incorporation  of  the  said  school 
and  the  conferring  upon  it  of  the  power  to  grant  law 
degrees  upon  its  graduates. 

"Wherefore  your  petitioners  pray  that  the  said 
school  be  incorporated  and  may  be  empowered  to 
grant  law  degrees,  and  for  such  other  and  further 
legislation  as  to  the  Honorable  Senate  and  House  of 
Representatives  may  seem  meet  and  proper. 

Gleason   L.   Archer. 

Thomas  J.  Boynton. 

Wilmot  R.  Evans,  Jr. 

James  H.  Vahey. 

Sumner  Robinson, 

Charles  W.  Bartlett. 

Joseph  F.  O'Connell." 

165 


THE   EDUCATIONAL   OCTOPUS 

The  booklets  came  from  the  printer  about  the  middle  of 
December;  and,  as  soon  as  I  could  secure  an  official  list 
of  the  members  of  the  legislature  from  the  Sergeant-at- 
Arms,  I  mailed  out  a  copy  of  the  booklet,  together  with 
a  catalogue  to  each  member.  I  also  sent  out  a  per- 
sonal letter  to  each,  calling  attention  to  the  printed 
matter,  and  inviting  the  closest  inspection  of  our 
school. 

There  were  two  distinct  results  that  flowed  from  this 
letter  of  mine,  the  first  a  hostile  response  that  forecasted 
the  serious  nature  of  the  contest  that  awaited  us,  and  the 
second,  one  of  those  Heaven-sent  helpers  that  have 
played  so  conspicuous  a  part  in  the  history  of  the  Suffolk 
Law  School.  I  shall  treat  them  in  the  order  in  which 
they  occurred. 

My  circular  letter  was  mailed  December  20,  191 1,  and 
on  December  28,  I  received  a  set  of  nine  interrogatories 
from  a  member  of  the  House  of  Representatives,  James 
F.  Cavanagh,  of  the  24th  Middlesex  District. 

In  answered  these  interrogatories  in  person.  Mr.  Cav- 
anagh is  a  very  formal  young  man  upon  first  meeting, 
something  suggestive  of  an  Alpine  peak,  with  frigid 
dignity  that  lays  about  him  in  chunks.  However,  I  had 
looked  him  up  before  I  called  and  learned  that  he  was 
a  graduate  of  the  Y.  M.  C.  A,  Law  School  who  had 
exchanged  his  evening  degree  for  a  day  degree  at  Boston 
University,  but  who  had  been  admitted  to  the  bar  only  a 
few  months  before  Roland  E.  Brown  of  my  school. 

Qtuite  naturally,  therefore,  his  surprise  of  the  youth 
of  my  enterprise  did  not  disconcert  me  when  it  came  out 
in  our  conversation.  He  abandoned  the  topic  hastily 
when  I  reminded  him  that  only  a  few  months  after  he 
was  admitted  to  the  bar  my  first  student  was  admitted. 
Our  conversation  was  in  fact  more  or  less  of  a  verbal 

166 


ENTER  JOE   PARKS 

sparring  match.  While  we  were  both  perfectly  cour- 
teous, his  icy  hostility  put  me  on  my  mettle  and  my 
replies  were  far  from  meek. 

One  little  occurrence  in  that  meeting  will  sufficiently 
indicate  the  nature  of  our  interview.  As  I  rose  to  go, 
he  said,  "By  the  way,  who  are  you  planning  to  have  take 
charge  of  your  hearing  before  the  legislative  commit- 
tee ?" 

"Mr.  Evans." 

Mr.  Cavanagh  laughed,  "Better  have  him  do  it  next 
year.  You  won't  need  him  this  year.  You  can't  even 
file  your  bill  this  year." 

"Is  that  so!  Will  you  kindly  tell  me  why  I  cannot 
file  my  bill." 

"I  am  sorry  to  say  to  you,  Mr.  Archer,  that  a  bill  such 
as  yours  must  be  advertised  in  the  newspapers,  and  it  is 
now  too  late." 

It  was  then  my  turn  to  laugh. 

"I  am  sorry  to  disappoint  you,  Mr.  Cavanagh,  but 
the  advertising  has  been  properly  attended  to.  Can  it 
be  possible  that  you  haven't  read  the  papers?  Better 
look  up  the  Transcript  and  Republican." 

When  I  left  him  he  was  writing  down  the  dates  I  had. 
named.  While  this  interview  afforded  me  some  satis- 
faction and  gave  me  an  idea  of  the  line  of  opposition  we^ 
were  likely  to  encounter,  yet  I  could  not  account  at  the: 
time  for  Mr.  Cavanagh's  opposition. 

The  second  result  from  my  letter  was,  as  I  have  inti- 
mated, tremendously  important  to  the  school,  although  I 
did  not  appreciate  its  importance  at  the  time.  It  hap- 
pened in  this  way. 

On  the  aftenoon  of  New  Year's  Day,  1912,  I  was  at 
my  desk  in  the  Dean's  office  when  Robert  N.  Turner, 
a  lawyer  friend  of  mine  came  strolling  in.    Turner  is  a, 

167 


THE   EDUCATIONAL   OCTOPUS 

brainy  young  man  of  large  stature,  and  a  twenty  horse- 
power smile.  His  smile  was  lighting  up  the  office  and 
cheering  me  up  strangely  when  I  saw  that  he  was  intro- 
ducing a  medium-sized,  ruddy-faced  man,  who  proved, 
when  I  shook  hands  with  him,  to  have  an  even  more 
contagious  smile  than  Turner's  own.  It  was  Joseph  A. 
Parks,  now  of  the  Industrial  Accident  Commission,  but 
then  a  representative  from  Fall  River. 

Parks  had  read  my  illustrated  booklet  and  catalogue, 
and  while  lunching  with  Turner  in  Boston,  had  asked 
about  the  school,  expressing  a  desire  to  study  law. 
Turner  had  immediately  brought  him  to  see  me. 

My  first  impression  of  Mr.  Parks  was  very  favorable. 
I  have  seldom  met  a  man  to  whom  I  was  more  attracted 
at  first  meeting  than  to  this  rising  young  man  from  the 
mills.  But  it  was  not  until  I  had  seen  him  in  action  that 
I  appreciated  the  full  measure  of  the  man. 


i68 


THE  LEGISLATIVE  CONTEST  OPENS 


CHAPTER  XXXVIII. 

The  Legislative  Contest  Opens. 

Mr.  Parks  beg^an  his  studies  at  the  school  immediately, 
I  tutoring  him  personally  at  odd  moments  until  the  sec- 
ond half  year  should  open.  The  result  was  that  we  rap- 
idly became  acquainted,  and  he  in  his  turn  undertook  to 
initiate  me  into  the  mysteries  of  legislation ;  for  he  had 
served  eight  years  in  the  House  of  Representatives. 

My  first  experience  at  the  State  House  was  to  attend 
the  second  inaugural  of  Governor  Foss  as  a  guest  of 
Representative  Parks. 

Foss  was  then  afflicted  with  "Presidential  fever,"  and 
his  speech  was  calculated  to  take  the  Nation  "by  the 
ears."  The  affair  was  well  staged  and  brilliant;  but  I 
was  glad  enough  when  it  was  all  over,  for  the  great  hall 
was  packed  to  suffocation.  It  had  given  me  an  oppor- 
tunity, however,  to  personally  meet  quite  a  number  of 
the  members  of  the  legislature.  It  was  duly  impressed 
upon  me  by  all  that  it  was  quite  necessary  that  I  should 
make  the  acquaintance  of  as  many  as  I  could,  for  num- 
bers of  them  had  never  heard  of  the  school  before. 

This  was  my  first  view  at  close  range  of  the  Massa- 
chusetts Legislature,  and  my  impression  was  altogether 
favorable,  an  impression  that  three  years  of  close  observ- 
ation has  never  effaced.  To  be  sure,  I  met  during  the 
three  years  lobbyists  and  legislative  agents  galore;  and 
had  opportunity  to  see  something  of  the  hidden  influ- 
ences that  are  at  work  in  all  legislative  bodies. 

169 


THE   EDUCATIONAL   OCTOPUS 

Of  course  I  had  read  the  statement  from  no  less  an 
authority  than  the  saintly  Tom  Lawson,  that  the  Massa- 
chusetts Legislature  "was  bought  and  sold  like  fish  in 
the  market."  I  never  tried  to  make  any  such  pur- 
chases, and,  with  one  or  two  exceptions,  never  saw  any 
actual  evidence  that  any  member  of  the  legislature 
was  expecting  a  "hand  out"  of  any  sort. 

But  I  was  destined  to  undergo  a  complete  disillusion- 
ment concerning  the  gentlemen  that  are  popularly  con- 
sidered "angels  of  light"  in  the  legislature,  and  those 
who  are  denounced  in  the  public  prints  as  "Czars  and 
workers  of  darkness."     But  more  of  that  anon. 

The  week  following  the  opening  of  the  legislature 
was  examination  week  at  the  school.  Our  annual  mid- 
year vacation  of  two  weeks  succeeded  it.  Having  been 
assured  that  no  action  could  be  expected  on  the  school 
charter  before  the  first  of  February,  I  settled  down  to 
school  work  and  to  the  pursuit  of  a  new  task  which  I 
had  set  myself — the  writing  of  a  text  book  on  "Agency." 

It  may  seem  to  my  readers  the  height  of  folly  for  me 
to  have  undertaken  the  writing  of  another  book  in  the 
midst  of  such  strenuous  days.  At  this  distance  of  time 
it  does  seem  even  to  me  to  have  been  foolhardy,  yet 
writing  is  such  an  absorbing  pastime  with  me  that  I 
probably  indulged  in  it  as  an  agreeable  diversion  from 
my  many  cares. 

At  any  rate,  on  January  i6th,  1912,  I  was  in  my  study 
in  my  home  in  Woburn,  in  the  midst  of  the  composition 
of  Section  65,  "Ratification  of  simple  written  contracts," 
in  my  present  book  on  "Agency,"  when  my  telephone 
rang.  My  Boston  office  was  calling  and  I  received  the 
astounding  news  that  a  notice  had  been  received  through 
the  mail  from  the  clerk  of  the  Committee  on  Education 
informing  me   that  the   Suffolk   Law   School   bill   was 

170 


THE   LEGISLATIVE   CONTEST   OPENS 

scheduled  for  a  hearing  two  days  hence,  January  i8th, 
at  lo.oo  A.  M. 

Instant  action  was  necessary  if  I  were  to  reach  the 
State  House  in  time  to  see  the  clerk  of  the  committee. 
A  train  left  Mishawum  Station  in  twenty  minutes.  The 
sentence  I  had  been  writing  was  left  unfinished. 

I  changed  my  clothes  in  double  quick  time  and  sprinted 
to  the  station  in  season  to  clamber  onto  the  train  as  it 
puffed  out  from  the  station.  When  I  reached  the  State 
House,  I  called,  in  the  Representatives'  Lobby,  for  Mr. 
Parks,  and  was  duly  instructed  by  one  of  the  attendants 
to  fill  out  a  card  at  a  little  shelf  for  that  purpose  beside 
the  entrance  to  the  House  Chamber. 

Mr.  Parks  could  not  be  found  by  the  page,  so  I  called 
for  the  clerk  of  the  committee,  Mr.  Edward  T.  Morse. 
He  was  a  dapper  little  man  of  sandy  complexion,  with 
a  mtustache  to  match.  He  declared  that  he  could  not 
assist  me  in  getting  the  hearing  postponed. 

It  should  be  explained,  in  this  connection,  that  the 
reason  I  was  so  greatly  concerned  over  this  early  assign- 
ment was  that  Mr.  Evans,  who  was  to  conduct  our 
hearing,  and  who  understood  every  phase  of  legislative 
procedure,  was  in  Florida  on  a  shooting  trip  and  was 
not  expected  back  until  the  following  week.  I  have 
always  suspected  that  the  reason  for  such  a  speedy 
assignment  was  the  fact  that  the  absence  of  Mr.  Evans 
was  well  known  to  some  members  of  the  legislature  who 
presently  revealed  their  animosity  to  the  school. 

The  clerk  of  the  committee  expressed  himself  as  being 
sorrowful  at  Mr.  Evans'  absence ;  but  declared  that  I 
would  have  to  see  the  House  Chairman,  Benjamin  F. 
Haines.  Even  as  we  were  talking,  Mr.  Haines  appeared 
in  the  throng  that  usually  eddies  back  and  forth  in  the 
lobby  when  the  House  is  in  session.     I  was  introduced 

171 


THE   EDUCATIONAL  OCTOPUS 

to  the  man  who  was  to  play  the  most  conspicuous  part 
in  the  opposition  to  our  bill, 

Mr.  Haines  was  afterward  to  experience  such  a  change 
of  heart  in  respect  to  our  bill  that  he  actually  fathered 
the  bill  in  its  third  and  last  year,  but  now  he  was  the 
"Ben  Haines"  of  the  opposition. 

Of  his  opposition  I  was  at  the  time  unaware.  He  is 
a  dark  complexioned  young  man,  with  a  strong  and 
pleasing  countenance,  and  an  air  of  engaging  frankness. 
He  assured  me  in  his  turn  that  the  date  of  our  hearing 
could  not  possibly  be  changed. 

"You  can  attend,  can't  you?" 

"Yes,  but  Mr.  Evans  has  charge  of  the  affair,  and  I 
know  nothing  whatever  of  legislative  procedure." 

"That  is  all  right.  We  want  to  know  a  little  some- 
thing about  the  school.  We  don't  need  anybody  but 
you.    You  can  tell  us  all  that  is  necessary." 

Argument  was  useless.  The  hearing  must  take  place 
on  January  i8th;  so  I  resolved  to  make  the  best  showing 
possible.  By  good  fortune  I  reached  Mr.  Boynton,  and 
he  agreed  to  introduce  the  speakers.  Mr.  O'Connell 
was  in  Washington,  but  General  Bartlett  and  Mr. 
Vahey  promised  to  attend. 


172 


THE  OCTOPUS   SHOWS  ITS   HEAD 


CHAPTER  XXXIX. 

The  Octopus  Shows  Its  Head. 

The  morning  of  the  hearing  dawned.  I  was  at  the 
State  House  with  a  large  delegation  of  students  and 
about  ten  men  who  were  to  speak  in  behalf  of  the  bill. 
The  hearing  room  originally  assigned  was  too  small  to 
accommodate  the  crowd,  and  we  adjourned  to  a  larger 
one  on  a  different  floor. 

It  was  a  morning  of  tense  anxiety  for  me,  for  I  feared 
that  some  of  our  speakers  might  fail  to  show  up.  But 
one  by  one  they  appeared,  General  Bartlett,  with  a  car- 
nation in  his  buttonhole,  being  the  last,  for  he  had  gotten 
lost  in  the  corridor. 

Although  I  had  never  met  President  Lowell  of  Har- 
vard, yet  I  was  sure  that  I  saw  him  in  the  hearing  room. 
I  wondered  what  he  was  there  for,  never  dreaming 
that  he  was  the  intellectual  giant  relied  upon  by  the 
opposition  to  annihilate  us  with  a  word. 

There  were  many  strange  faces,  and  an  air  of  expec- 
tation pervaded  the  assembly.  I  saw  Dr.  Snedden,  the 
Commissioner  of  Education,  with  other  complacent  "in- 
tellectuals" that  I  rightly  divined  were  from  the  State 
Board  of  Education. 

One  or  two  other  matters  were  taken  up  by  the 
Committee  before  our  bill  was  reached,  a  circumstance 
that  enabled  me  to  marshal  my  array  of  speakers  be- 
fore the  fatal  moment. 

173 


THE   EDUCATIONAL   OCTOPUS 

But  when  our  bill  was  reached  and  House  Chairman 
Haines  announced  that,  as  the  hour  was  late,  the  peti- 
tioners would  be  allowed  thirty  minutes  to  present  their 
case,  every  atom  of  courage  was  knocked  out  of  me.  We 
were  marked  for  slaughter,  I  could  see  that.  A  bill  to 
license  dogs  would  be  given  more  time  than  thirty  min- 
utes; but  for  an  educational  institution  to  be  limited  to 
that  period  outraged  all  my  ideas  of  fairness. 

Mr.  Boynton  was  on  his  feet,  however,  recounting 
in  his  calm  tones  the  history  of  his  connection  with  the 
school,  and  urging  upon  the  committee  that  so  cosmo- 
politan a  population  as  Boston's  needed  a  school  like 
ours.  While  he  was  speaking  I  recovered  from  my 
panic,  and  stood  ready  to  suggest  the  next  speaker,  for 
he  was  relying  upon  me  for  that.  Mr.  Vahey  now  urged 
that  the  school  deserved  the  same  treatment  that  had 
been  accorded  the  Y.  M.  C.  A.  Law  School  by  the  legis- 
lature of  1904,  and  General  Bartlett,  who  followed  him, 
spoke  along  the  same  line 

It  was  then  my  turn,  and  all  but  five  minutes  of  our 
allotted  time  had  expired  Fortunately,  I  had  prepared 
my  address  in  writing,  and  for  that  reason  could  not  be 
cut  oflF  as  readily  by  the  chairman  when  my  time  was 
up  as  if  I  were  speaking  extemporaneously  So  I  went 
on  to  recount  the  history  of  the  school  and  to  explain 
our  methods  of  teaching. 

When  I  had  finished.  Chairman  Haines  at  once  showed 
where  he  stood  by  propounding  a  long  list  of  hostile 
questions,  much  after  the  Cavanagh  interrogatory  style. 
I  welcomed  this  action  on  his  part,  for  it  enabled  me  to 
come  back  with  effective  answers,  every  one  of  which 
told  for  our  side. 

An  amusing  incident  occurred  during  this  questioning. 
One  of  the  questions  could  only  be  answered  by  refer- 

174 


THE   OCTOPUS   SHOWS   ITS   HEAD 

ence  to  the  school  catalogue.  I  stepped  back  down  the 
aisle  to  where  I  had  left  my  green  bag.  A  man  had  just 
taken  a  Suffolk  catalogue  from  a  green  bag,  and,  suppos- 
ing him  to  be  a  student  who  had  anticipated  my  desire, 
I  took  it  from  him  with  thanks ;  only  to  see  as  he 
straightened  up  in  surprise,  that  it  was  President  Lowell 
of  Harvard. 

I  restored  the  catalogue  with  my  apologies,  and  se- 
cured my  own  green  bag  from  the  place  to  which  it  had 
been  moved. 

The  Chairman's  questioning,  which  extended  for  a 
period  almost  equal  to  the  half  hour  allotted  to  us,  had 
in  reality  extended  our  time,  for  every  new  question 
brought  out  further  favorable  evidence  for  the  school. 
He  wound  up  by  passing  me  typewritten  extracts 
from  my  book  on  "Ethical  Obligations  of  the  Lawyer" 
and  challenged  me  to  say  whether  they  were  from  my 
book. 

A  great  deal  of  laughter  at  the  chairman's  expense  was 
called  forth  by  my  cautious  reply  that  I  should  wish  to 
compare  the  statements  with  the  book  in  order  to  be 
sure.  I  explained  hastily  that  I  did  not  mean  to  reflect 
upon  the  chairman's  honesty,  but  my  explanation  only 
added  to  the  merriment. 

The  quotations  were  totally  without  reference  to  page 
or  section ;  but  from  my  knowledge  of  the  book  I  located 
them,  and  found  them  to  be  viciously  garbled  statements 
when  lifted  from  their  proper  context  in  the  book.  I 
called  attention  to  this  fact.  The  House  Chairman  ex- 
plained that  he  knew  nothing  of  it,  the  papxer  having 
been  given  to  him  before  the  hearing. 

The  opposition  to  our  bill  was  now  called  for.  There 
was  a  hurried  consultation  between  President  Lowell 
and  the  members  of  the  State  Board  of  Education. 

175 


THE   EDUCATIONAL  OCTOPUS 

President  Lowell  then  advanced  to  the  table  to  speak. 
For  a  second  time  that  morning,  my  hopes  came  crash- 
ing to  the  ground.  With  the  President  of  the  greatest 
university  in  America  opposing  us,  what  chance  had  my 
little  school  in  the  unequal  contest? 

But  as  I  listened,  in  a  hopeless  despair,  I  noted  that 
his  arguments  were  very  weak ;  that  he  contradicted  him- 
self and  seemed  to  be  feeling  his  way  along,  like  one 
groping  in  the  dark.  So  I  came  back  to  earth  and  began 
to  jot  down  questions  to  ask  the  learned  gentleman. 

He  urged  that  the  matter  of  conferring  degrees  was 
of  such  grave  importance  that  the  bill  should  be  referred 
to  the  State  Board  of  Education  for  investigation  and 
report.  But  a  moment  later  he  assured  us  that  a  degree 
had  only  a  sentimental  value,  and  the  withholding  of  it 
was  no  hardship  to  my  school. 

At  this  point  one  of  the  Committee,  Mr,  Greenwood,, 
as  I  recall  it,  asked  him  why  the  school  should  not 
have  the  power,  if  degrees  were  empty  words.  The 
learned  gentleman  was  somewhat  at  a  loss  how  to 
answer  him. 

Before  he  had  finished,  my  fears  had  rolled  away,  for 
the  "giant"  had  obviously  failed  to  annihilate  us.  Then, 
because  I  was  wholly  ignorant  of  legislative  procedure, 
I  did  something  that  I  have  never  seen  even  attempted 
since  by  anyone  not  a  member  of  the  committee.  I 
asked  the  Senate  Chairman,  Dr.  Ezra  Clark,  if  I  might 
ask  the  speaker  a  question. 

"Just  one,"  snapped  the  little  doctor  in  his  high  pitched 
voice.  I  proceeded  to  ask  several.  My  first  was  as  fol- 
lows: 

"Suppose  there  are  two  schools  of  equal  value  in  the 
same  locality  and  one  can  confer  degrees  and  the  other 

176 


THE  OCTOPUS   SHOWS  ITS  HEAD 

cannot,  will  not  the  one  that  can  confer  degrees  get  the 
lion's  share  of  students?" 

President  Lowell  admitted  that  it  would.  Then  I 
asked  him  whether  or  not  our  charter  ought  to  be  granted 
if  we  could  prove  that  our  school  was  equal  to  the  Y. 
M.  C.  A.  Law  School.  He  replied  that  we  would  be 
clearly  entitled  to  our  charter  if  we  could  prove  equality 
as  alleged;  an  answer  that  caused  great  discomfiture  to 
our  opponents  later  on. 

The  other  speaker  in  opposition  was  Dean  Frank  P. 
Speare,  of  the  Y.  M.  C.  A.  Law  School,  who  uninten- 
tionally rendered  us  more  assistance  than  any  speaker 
on  our  side.  One  of  President  Lowell's  introductory 
remarks  had  been  that  Harvard  was  in  no  way  interested 
in  the  bill  under  discussion,  because  an  evening  school 
could  not  compete  with  Harvard.  I  was  therefore  as- 
tonished and  delighted  to  hear  Dean  Speare  declare 
with  evident  pride  that  his  school  was  and  always  had 
been  under  the  wing  of  Harvard;  with  the  Dean  of 
Harvard  Law  School  as  president  of  its  corporation. 

President  Lowell  had  also  urged  that  since  our  school 
had  no  endowment  it  could  not  long  survive;  but  Dean' 
Speare  unintentionally  demolished  that  argument  where 
he  urged  rejection  of  our  measure  on  the  ground  that 
evening  law  schools  had  tremendous  money  making  pos- 
sibilities. Certainly  if  an  institution  could  be  run  at  a 
great  profit  it  needed  no  endowment. 

After  he  had  finished,  I  asked  him  a  few  questions 
that  must  have  been  very  embarrassing  to  him ;  for  he 
was  forced  to  admit  that  although  dean  of  a  law  school 
he  had  never  studied  law  a  day  in  his  life.  When  I 
pressed  him  to  explain  how  he  could  direct  technical 
instruction  in  law,  he  replied  that  he  was  not  at  all 
troubled,  for  he  was  a  "Creator  of  Educational  Oppor- 

^77 


THE  EDUCATIONAL  OCTOPUS 

tunities,"  an  answer  so  absurd  and  irrelevant  that  the 
hearing  broke  up  in  roars  of  laughter. 


178 


VICTORY  IN  COMMITTEE 


CHAPTER  XL. 

Victory  in  Committee. 

There  were  eleven  members  of  the  Committee  on 
Education,  eight  representatives  and  three  senators. 
In  my  ignorance  of  legislative  matters  I  had  supposed 
that  the  committee  would  now  be  polled  like  a  jury 
and  the  result  speedily  announced ;  but  I  was  straight- 
way informed  that  the  contest  before  the  committee 
had  just  begun.  It  was  now  a  question  of  which  side 
could  pledge  the  greater  number  of  committee  votes. 

I  learned  a  further  thing ;  that  members  of  the  legis- 
lature have  far  more  regard  for  the  will  of  their  con- 
stituents than  for  the  most  logical  and  convincing  of 
arguments.  If  a  vote  of  a  constituent  is  to  be  lost  by 
a  certain  course  of  action,  the  ordinary  "statesman" 
will  shun  that  course.  If  votes  are  to  be  lost  either 
way,  then,  if  he  cannot  dodge  his  responsibility,  he 
will  vote  with  what  he  considers  to  be  the  most  in- 
fluential side. 

The  contest  had  now  centered  on  the  committee. 
Our  opponents  were  very  active,  and  there  were  days 
of  suspense  when  the  issue  was  uncertain. 

Needless  to  say,  the  students  of  the  Suflfolk  Law 
School  were  keenly  alive  to  the  situation  and  resolved 
to  exert  all  possible  legitimate  influence  upon  the  com- 
mittee. 

I  procured  a  splendid  letter  of  indorsement  from 
Herbert   Parker,  the   former  Attorney   General,   and 

179 


THE   EDUCATIONAL   OCTOPUS 

mailed  a  copy  to  each  member  of  the  committee.  I 
also  had  printed  two  effective  documents,  showing  up 
in  one  the  inconsistency  of  the  arguments  as  to  neces- 
sity of  endowment  and  the  other  a  frank  comparison 
of  the  Y.  M.  C.  A.  Law  School  and  the  Suffolk  Law 
School.    These  were  mailed  to  the  committee. 

Unlike  the  custom  as  to  dealing  with  a  jury  into 
whose  hands  a  law  case  has  been  committed,  it  is  con- 
sidered perfectly  proper,  under  legislative  custom,  to 
talk  with  members  of  the  committee,  either  before  or 
after  a  hearing.  I  remember  very  well  a  long  confer- 
ence with  Representative  Greenwood  of  the  commit- 
tee, whom  I  happened  to  meet  on  Ashburton  Place  one 
morning  shortly  after  the  hearing.  There  were  cer- 
tain things  he  did  not  clearly  understand  about  the 
school,  and  I  explained  them  to  the  best  of  my  abil- 
ity. But  when  I  left  him  I  had  no  idea  which  way  he 
would  vote. 

Reports  began  to  come  in  however,  of  a  very  en- 
couraging nature.  Two  friends  of  Mr.  Vahey  were  on 
the  committee,  and  one  of  General  Bartlett ;  and  each 
had  expressed  himself  heartily  in  our  favor.  There 
was  one  socialist  member  who  had  been  outspoken  in 
our  favor  from  the  beginning.  Even  before  the  execu- 
tive meeting  of  the  committee,  when  the  fate  of  our 
bill  was  to  be  decided,  at  least  five  of  the  committee 
had  declared  in  our  favor. 

By  this  time  I  had  found  a  very  efficient  ally,  in  the 
State  House  itself,  in  the  person  of  Henry  C.  Berlin, 
a  newspaper  reporter  who  had  once  been  a  student  in 
our  school,  but  who  had  gone  to  the  Y.  M.  C.  A.  Law 
School  in  order  to  secure  a  law  degree.  Knowing  both 
schools,  he  was  emphatically  of  the  opinion  that  our 

i8o 


VICTORY  IN   COMMITTEE 

school  deserved  power  to  confer  degrees.  With  Mr. 
Berlin  in  touch  with  everything  that  went  on  in  the 
State  House  outside  of  the  legislative  assembly,  and 
with  Representative  Parks  in  the  legislature  itself, 
very  little  could  transpire  without  my  knowledge,  as 
our  enemies  later  found  out  to  their  sorrow. 

I  was  at  the  State  House  daily,  always  in  constant 
touch  with  the  progress  of  the  bill.  Every  school  even- 
ing I  reported  to  each  class  and  directed  attention  to 
this  or  that  object  of  attack.  In  a  surprisingly  short 
time  we  had  a  powerful  and  well-ordered  organization, 
each  man  reporting  to  me  what  he  had  learned  or  ac- 
complished through  friends  in  the  district  of  any  given 
legislator. 

It  was  a  full  two  weeks  before  the  fateful  executive 
meeting  of  the  committee.  On  the  day  of  the  meeting 
I  was  at  the  State  House,  in  the  corridor  near  the  com- 
mittee room,  as  full  of  anxiety  for  the  verdict  as 
could  be  well  imagined.  One  by  one  I  saw  member* 
of  the  committee  pass  into  the  room,  but,  to  me,  a 
very  long  time  elapsed  before  there  was  any  sign  of 
adjournment. 

Mr.  Berlin  was  talking  with  me  and  assuring  me 
that  we  would  win,  when  Senator  Nason  emerged, 
smiling  broadly.  We  hurried  up  to  him.  He  con- 
gratulated me  warmly  and  announced  that  the  bill 
had  won  by  a  vote  of  seven  to  three,  Senator  Clark  not 
voting. 

We  had  a  jubilee  at  the  school  that  night,  for  to  win 
in  committee  so  handsomely  is  usually  a  sure  indica- 
tion of  an  easy  victory  in  both  branches  of  the  legis- 
lature. We  were  yet  to  learn  the  power  of  the 
Educational  Octopus  and  its  eager  allies. 

i8i 


THE  EDUCATIONAL   OCTOPUS 


CHAPTER  XLI. 

The  First  Great  Debate  in  the  House. 

The  lineup  of  the  committee  had  been  as  follows: 
for  the  bill,  Senators  Arthur  L.  Nason  of  Essex  and 
John  H.  Hunt  of  Worcester,  Representatives  J.  Her- 
bert Baker  of  Medfield,  Francis  M.  Cummings  of  Bos- 
ton, Fred  P.  Greenwood  of  Everett,  James  A.  McEl- 
aney  of  Boston  and  Charles  H.  Morrill  of  Haverhill. 

Those  recorded  against  the  bill  were  Representatives 
Benj.  F.  Haines  of  Medford,  Edward  T.  Morse  of  East 
Bridgewater  and  Judson  I.  Wood  of  Gardner. 

But  it  will  be  remembered  that  the  Senate  chairman 
had  declined  to  vote  either  way,  so  House  Chairman 
Haines  had  a  free  hand  in  the  matter.  Representative 
Greenwood  was  the  ranking  member  of  the  delega- 
tion who  supported  the  bill  and,  had  precedent  been 
followed,  he  should  have  reported  the  bill  to  the 
House. 

But  with  the  subtle  ingenuity  of  the  man,  Haines 
devised  the  brilliant  scheme  of  causing  the  bill  to  go 
to  the  House  with  a  socialistic  label ;  for  passing  over 
all  others  he  gave  it  to  Representative  Morrill,  the 
only  socialist  in  the  legislature,  to  report.  This  meant 
that  in  case  of  a  debate  on  the  floor  of  the  House.  Mor- 
rill was  to  be  the  official  sponsor  of  the  bill. 

Now  Charles  H.  Morrill  is  a  splendid  type  of  man, 

182 


THE  FIRST  GREAT  DEBATE  IN  THE  HOUSE 

sincere  and  conscientious  to  a  degree.  But  it  was  well 
known  to  all  that  the  prejudice  in  the  House  against 
his  political  faith  could  command  more  votes  in  op- 
position to  a  measure  which  he  fathered  than  the  most 
logical  of  adverse  arguments. 

This  was  the  opening  strategic  move  of  the  com- 
mander in  chief  of  the  opposition.  That  the  opposition 
was  to  be  conducted  on  a  large  scale  was  soon  appar- 
ent. It  was  reported  to  me  that  every  member  of  the 
House  and  Senate  were  being  systematically  lobbied 
by  the  opposition.  A  number  of  students  of  the  Y. 
M.  C.  A.  Law  School,  who  were  members  of  the  legis- 
lature, were  reported  as  especially  active. 

Representative  Parks  became  alarmed  at  the  out- 
look for  the  bill ;  and,  in  order  to  stimulate  the  activi- 
ties of  our  students  to  bring  counter  pressure  to  bear, 
he  spoke  at  a  mass  meeting  of  the  students  one  even- 
ing, declaring  that  never  in  his  legislative  experience 
had  he  seen  more  lobbying  on  a  bill  than  was  then 
going  on  in  opposition  to  our  charter. 

Whenever  I  met  Haines  in  the  corridor,  or  else- 
where, in  the  State  House,  he  would  always  greet  me 
with  a  handshake  and  a  good-natured  grin  and  inquire 
in  a  bantering  tone  for  "my  champion,"  meaning  Mor- 
rill the  Socialist ;  so  I  was  well  aware  that  Morrill 
would  be  forced  to  take  the  floor  in  behalf  of  the  bill. 

But  when  the  clash  came  on  the  floor  of  the  House 
it  raged  with  a  violence  that  I  had  never  even  dreamed 
possible.  All  other  business  was  suspended  in  the 
legislative  session  of  Thursday,  February  8th,  1912, 
and  the  first  great  debate  on  the  school  charter  was  on. 

Through  the  courtesy  of  Mr.  Parks  I  was  seated  on 
the  "side  lines"  at  the  right  of  the  House  floor ;  for  it 

183 


THE   EDUCATIONAL   OCTOPUS 

was  desirable  that  I  be  where  I  could  furnish  informa- 
tion or  statistics  in  reply  to  any  attacks  from  the  op- 
position. 

Before  our  bill  was  reached,  it  was  obvious  even  to 
the  unpracticed  eye  that  a  great  contest  was  impend- 
ing". Representatives,  whom  I  knew  to  be  enemies  of 
the  school,  were  moving  hurriedly  from  desk  to  desk 
throughout  the  chamber,  whispering  in  the  ear  of  this 
man  and  that;  obviously  lining  up  the  vote, 

I  was  comforted  not  a  little  to  see  Representative 
Parks  in  his  place  half  way  across  the  hall,  his  face 
shining  with  expectation.  A  large  delegation  of  Suf- 
folk Law  School  students  were  in  the  galleries.  Pen- 
sion Commissioner  Richard  R.  Flynn,  then  a  Fresh- 
man, stood  in  the  right  hand  doorway  of  the  chamber, 
waiting  for  the  show. 

The  calendar  had  been  read  some  time  before.  It  is 
a  legislative  custom  when  a  matter  is  to  be  debated  to 
cry  out  "pass"  when  it  is  reached  in  the  first  reading 
of  the  calendar.  A  perfect  roar  of  "passes"  had 
greeted  House  Bill  123. 

So  I  knew  just  when  to  expect  the  fight  to  begin,  and 
my  pulses  quickened  strangely  when  the  speaker 
called  out  "The  next  matter  passed  over  is  House  Bill 
123." 

A  ringing  cry,  "Mr.  Speaker,"  rang  out,  and  Haines 
was  given  the  floor.  While  I  cannot  recall  the  exact 
words  nor  all  the  details  of  the  debate,  I  do  remember 
the  opening  challenge  and  reply. 

"Mr.  Speaker,"  cried  Haines,  in  a  voice  that  reached 
every  corner  of  the  great  hall ;  "as  House  Chairman  of 
the  Committee  that  reported  this  bill,  and  as  a  dis- 
senter to  the  bill,  I  want  to  call  upon  the  gentleman 

184 


THE  FIRST  GREAT  DEBATE  IN  THE  HOUSE 

who  has  charge  of  the  bill  to  explain  why  he  is  sup- 
porting it." 

There  was  another  ringing  cry  of,  "Mr.  Speaker," 
and  Parks  was  in  the  arena  even  before  Haines  had 
resumed  his  seat. 

"In  all  my  experience,  Mr.  Speaker,  I  never  knew 
a  dissenter  to  a  bill  to  try  to  put  over  a  thing  like  that. 
This  bill  was  reported  from  the  committee  by  a  vote 
of  7  to  3.  It  is  up  to  the  dissenters  to  show  why  they 
dissent." 

There  was  a  murmur  of  applause.  Haines  saw  that 
he  was  checkmated.  He  sprang  to  his  feet  and  again 
obtained  the  floor.  The  debate  now  opened  in  real 
earnest  and  resolved  itself  for  some  time  into  a  duel 
of  words  between  Haines  and  Parks.  It  was  then  that 
I  began  to  realize  what  a  powerful  champion  we  had 
in  Joe  Parks.  Every  attack  of  Haines  was  countered 
effectively.  Other  speakers  in  opposition  were  heard. 
While  I  was  the  subject  of  the  debate  for  a  time,  their 
heaviest  accusations  were  that  I  was  "an  inexperi- 
enced boy." 

I  had  anticipated  something  of  the  sort,  so  I  had 
come  prepared.  I  sent  a  messenger  to  Mr.  Parks  with 
printed  extracts  from  the  many  favorable  reviews  of 
my  books.  This  was  seized  by  him  with  great  eager- 
ness, and  no  one  could  have  made  better  use  of  the 
material. 

He  read  the  extracts  from  the  Yale  Law  Review, 
Columbia  Law  Register,  Virginia  Law  Register,  Uni- 
versity of  Pennsylvania  Law  Review  and  the  Harvard 
Law  Review  on  two  of  my  boc^s.  After  each  of  the 
quotations  he  would  exclaim  triumphantly,  "That's 
what  they  think  of  this  inexperienced  boy,"  saving 
Harvard  as  the  last  authority. 

185 


THE  EDUCATIONAL   OCTOPUS 

Representative  Greenwcwd  came  in  strongly  in  sup- 
port of  the  bill.  Representative  Walter  R.  Meins  made 
a  remarkably  effective  speech  for  the  school  and  Rep- 
resentative Morrill  closed  the  debate. 

I  will  never  forget  the  tense  excitement  of  the  next 
few  minutes  when  the  voting  began ;  nor  the  stunning 
shock  that  came  to  me  when  the  speaker  announced, 
after  the  voice  vote,  that  the  bill  was  lost. 

But  Parks  was  on  his  feet  shouting,  "I  doubt  the 
vote,  Mr,  Speaker." 

"The  vote  is  doubted.  All  those  in  favor  of  ordering 
the  bill  to  a  third  reading  will  rise  and  stand  in  their 
places  until  counted." 

It  was  done.  Seventy-three  members  arose.  The 
opposition  was  called  for,  and  again  seventy-three 
members  arose ;  so  again  the  bill  was  declared  lost. 

But  Mr.  Morrill  doubted  this  vote  also,  and  de- 
manded the  calling  of  the  ayes  and  nays.  Under  the 
rules  of  legislative  procedure  in  the  House,  when  a 
roll  call  is  demanded  at  least  thirty  members  must 
join  in  the  call.  In  this  case  many  more  than  that 
number  arose. 

The  roll  call  began  and  in  the  first  letters  of  the 
alphabet  we  were  badly  beaten.  But  when  the  letter 
"M"  was  reached,  with  its  Democratic  host,  we  were 
saved.  The  bill  won  by  a  vote  of  98  to  93  with  six 
pairs ;  (that  is  six  men  absent  who  had  arranged  with 
six  men  of  opposing  views  who  would  be  present  to 
present  their  names  as  paired  with  them  on  the  vote, 
and  thus  be  recorded  in  the  roll  call.)  But  we  had 
won ;  and  the  House  adjourned  for  the  day. 


186 


LIVELY   LOBBYING 


CHAPTER  XLII. 

Lively  Lobbying. 

The  victory  of  our  bill  in  the  House  was  the  signal 
for  a  general  alarm  among  our  opponents.  The  bill 
had  still  to  be  passed  to  engrossment.  There  was  yet 
time  to  defeat  it  if  the  opposition  were  skillfully  man- 
aged. That  it  was  skillfully  managed  there  is  not  the 
slightest  possible  doubt. 

It  is  customary  for  a  bill  that  has  been  advanced  to 
third  reading  to  go  to  the  Committee  on  Bills  in  Third 
Reading.  It  was  well  known  that  the  chairman  of 
that  committee  was  an  opponent  of  the  measure,  so 
the  expected  happened.  The  committee  held  the  bill, 
as  it  had  power  to  do,  until  the  following  Tuesday, 
February  13th,  thus  giving  the  opposition  the  time  de- 
sired for  further  agitation. 

Circular  letters  were  sent  out  by  Dean  Speare  of 
the  Y.  M.  C.  A.  Law  School  calling  upon  all  friends 
of  the  Y.  M.  C.  A.  in  one  letter  February  8th,  to  "write 
at  once  to  your  senator,  as  a  citizen  of  his  district,  urg- 
ing him  to  insist  that  the  bill  be  referred  to  the  State 
Board  of  Education ;"  and  on  the  following  day,  Feb- 
ruary 9th,  "get  in  touch  with  your  Representative  and 
Senator  and  urge  them  to  vote  against  the  measure. 
You  need  not  necessarily  state  that  you  are  identified 
with  the  Y.  M.  C.  A,  but  approach  him  as  a  citizen." 

On  the  same  day,  February  9th,  Dean-elect  Homer 
Albers  of  Boston  University  Law  School,  wrote  a  two- 

187 


THE   EDUCATIONAL   OCTOPUS 

page  letter  to  each  member  of  the  legislature  urging 
the  defeat  of  the  measure.  In  his  letter,  ostensibly- 
written  as  from  a  disinterested  lawyer,  he  urged  as 
one  of  the  reasons  for  defeat  of  the  measure  that  he 
was  "informed"  that  the  Dean  of  Boston  University- 
Law  School  was  opposed  to  the  measure,  when  as  a 
matter  of  fact  he  was  himself  the  Dean,  (although  the 
fact  of  his  election  was  not  then  generally  known). 

It  was  several  days  before  I  got  possession  of  any  of 
these  letters;  but  I  knew  at  once  after  the  victory  in 
the  House  that  a  tremendous  agitation  was  going  on. 
I  learned  that  not  only  were  agents  of  the  Y.  M.  C.  A. 
and  Boston  University  lobbying  against  us,  but  was 
also  informed  that  the  State  Board  of  Education,  the 
Boston  Bar  Association  and  the  Massachusetts  Bar 
Association,  were  actively  at  work  to  defeat  our 
bill.  The  Educational  Trust  of  Massachusetts  were 
out  in  martial  array  to  defeat  the  Suffolk  Law  School. 

How  effective  a  campaign  they  waged  may  be 
judged  from  the  fact  that  of  twenty-five  Harvard  men 
in  the  legislature,  twenty-three  voted  against  us ;  of 
eighteen  Boston  University  men,  sixteen  voted  against 
us ;  of  nine  Y.  M.  C.  A.  graduates,  seven  voted  against 
us.  This  meant  that  forty-six  opposing  votes  were 
cast  by  alumni  of  the  three  schools  that  opposed  us. 

It  is  not  to  be  supposed  that  the  friends  of  the  meas- 
ure were  in  the  meantime  idle,  for  eternal  vigilance  is 
the  only  safe  rule  in  the  support  of  any  bill  however 
meritorious.  If  we  could  hold  the  votes  we  had  won 
there  was  still  a  chance,  even  against  the  powerful 
forces  that  were  opposing  us.  But  we  feared  deser- 
tions, for  by  this  time  I  was  aware  how  fickle  is  the 
legislative  mind. 

i88 


LIVELY  LOBBYING 

An  instance  in  point,  Mr.  Vahey  and  I  were  in  con- 
versation with  a  certain  senator.  He  told  us  frankly 
that  he  favored  the  bill,  but  that  he  should  vote 
against  it  because  there  were  so  many  Y.  M.  C.  A. 
sympathizers  in  his  district  that  it  would  be  disastrous 
to  do  otherwise.  That  night  I  gave  the  name  of  the 
senator  to  each  of  our  students  from  his  district.  With- 
in two  days,  a  student,  who  had  been  designated  as 
chairman,  called  at  the  Senate  chamber  with  a  book 
bag  full  of  personal  letters  from  prominent  men  oT  the 
district.  One  of  the  students  had  even  circulated  a 
petition  in  the  factory  where  he  worked  and  had  se- 
cured hundred  of  signatures  calling  upon  the  senator 
to  vote  for  the  measure. 

Within  twenty  minutes  the  senator  in  question  had 
come  to  me  in  the  corridor  and  assured  me  in  most 
emphatic  terms  of  his  support.  No  more  loyal  sup- 
porter did  we  have  in  our  three-year  fight.  He  even 
stood  against  the  governor  when  the  veto  contest  was 
on. 

This  is  the  way  votes  are  legitimately  gotten,  and 
this  is  the  only  method  to  which  we  resorted  through- 
out the  long  contest.  It  is  not  the  way  I  would  have 
chosen,  for  I  believe  in  trying  the  case  as  before  a  jury 
with  nothing  whatever  to  do  with  those  who  are  to 
decide ;  but  it  is  politics,  and  the  only  way  of  accom- 
plishing the  passage  of  any  legislation  to  which  there 
is  opposition. 

Knowing,  therefore,  how  votes  are  won  and  lost,  I 
was  in  constant  fear  lest  our  opponents  had  unsettled 
the  stand  of  a  sufficient  number  of  our  friends  in  the 
House  to  encompass  our  defeat.  They  came  perilously 
near  it,  as  will  be  seen  hereafter. 

189 


THE   EDUCATIONAL  OCTOPUS 


CHAPTER  XLIII. 

A  Double  Shuffle. 

During  the  first  few  months  of  each  legislative  ses- 
sion in  Massachusetts  neither  House  nor  Senate  hold 
forenoon  sessions.  From  lo  A.  M.  to  i  P.  M.  of  each 
legislative  day  the  State  House  hearing  rooms,  espe- 
cially on  the  fourth  floor,  are  occupied  with  hearings 
before  the  various  legislative  committees. 

Throngs  come  and  go.  At  one  moment  the  corri- 
dors are  full  of  hurrying  humanity  and  the  babel  of 
voices  and  laughter.  At  another  moment,  they  may 
be  empty,  save  for  an  occasional  straggler,  wandering 
aimlessly  from  one  hearing  to  another  in  quest  of  in- 
expensive amusement;  or  a  belated  "statesman"  hur- 
rying to  his  committee  and  held  up  again  and  again 
by  those  who  have  been  lying  in  wait  unobtrusively 
in  the  corridor. 

The  calm,  slow-moving  lobbyist  may  saunter  down 
the  corridor;  or  sit  on  the  steps  of  some  deserted 
hearing  room ;  or  perch  himself,  with  others  of  a  sim- 
ilar calling,  on  the  broad  ledge  of  a  window  that  opens 
onto  the  airshaft  but  commands  a  view  of  the  corri- 
dors on  both  sides  of  the  building — a  strategic  van- 
tage point. 

But  the  busy  part  of  all  the  day  begins  when  both 
branches  convene  at  2  P.  M.  The  larger  body  is  much 
the  more  picturesque.  The  House  lobby  then  rapidly 
fills.     Members  hurrying  to  the  cloak  rooms  to  de- 

190 


A  DOUBLE  SHUFFLE 

posit  their  outer  garments  meet  members  sauntering 
forth  from  the  inner  lobby  to  which  the  public  is 
denied.  Greetings  and  jests,  and  serious  conferences 
are  everywhere  in  evidence.  Venerable  deputy  ser- 
geants-at-arms  stand  guard,  holding  the  crowd  of 
civilians  from  crossing  the  dead  line  unless  they  have 
a  plausible  pretext  for  mingling  with  the  "elect." 

The  numbers  of  these  "elect"  in  the  lobby  decrease 
appreciably  when  the  House  is  in  session;  but  there 
is  always  a  fair  number  of  them  in  evidence.  They 
do  not  tarry  long  in  the  House  chamber  as  a  rule;  for 
they  either  emerge  voluntarily,  or  are  called  forth 
singly  by  attendants  to  meet  some  constituent  who 
has  sent  in  his  card.  They  are  invariably  happy  to 
meet  a  constituent,  whether  a  total  stranger  or  not, 
and  thrice  happy  if  the  constituent  is  a  female,  which 
happens  but  seldom ;  although  occasionally  a  digni- 
fied solon  may  be  seen  piloting  a  bevy  of  high  school 
girls,  or  a  quartette  of  schoolma'ams  through  the 
sacred  precincts. 

These  were  the  scenes  that  were  daily  enacted  be- 
fore my  eyes,  as  with  growing  anxiety  I  overlooked 
the  busy  campaigning  that  went  on  against  our  char- 
ter. I  spoke  but  seldom  with  members  of  either 
branch,  for  I  did  not  know  them  personally  and  felt 
a  delicacy  about  seeming  to  approach  them  on  our 
measure.  My  presence  at  the  State  House  was  chiefly 
to  keep  in  close  touch  with  every  move  that  was  be- 
ing made;  to  stimulate  the  activity  of  our  friends  in 
the  legislature  by  receiving  their  reports  at  first  hand, 
and  to  impart  to  them  whatever  news  from  "the 
front"  had  come  to  my  knowledge  from  other  sources. 

Tuesday,  February  13th,  1912,  brought  again  a 
great  forensic  battle  on  the  Suffolk  Law  School  char- 

191 


THE   EDUCATIONAL   OCTOPUS 

ter.  We  had  expected  it  for  days.  But  now  the  stage 
was  set  for  a  greater  contest  than  the  one  of  the  pre- 
vious week.  Again  from  my  seat  on  the  side  lines  I 
saw  the  ominous  activity  of  our  opponents  while  the 
House  calendar  was  being  read.  Again  the  angry 
storm  of  "pass"  challenged  House  Bill  123,  now  up 
for  engrossment. 

Mr.  Paries  was  in  his  place,  worried  but  ready  for 
battle.  The  bill  was  reached.  Although  Haines  had 
told  me  that  he  was  through  fighting,  it  was  he  that 
led  the  debate.  A  more  skillful  move  would  be  hard 
to  imagine,  for  he  was  offering  an  amendment  to  the 
bill  providing  that  the  Bar  Examiners  of  Massachu- 
setts be  ordered  to  investigate  the  school  and  report 
to  the  next  Legislature. 

Around  this  amendment  the  battle  raged.  Parks,, 
in  an  eloquent  appeal  to  the  House,  declared  the 
amendment  to  be  a  last  desperate  effort  to  defeat  the 
bill.  From  every  quarter  of  the  House  men  were 
clamoring  for  recognition  when  Parks  sat  down. 
With  tense  eagerness  I  awaited  the  name  of  the  next 
speaker,  fearing  lest  it  should  be  that  one  whom  I 
dreaded  above  all  others,  Robert  M.  Washburn. 

I  had  heard  him  before  on  other  measures,  a  man 
of  great  power  of  eloquence,  and  a  satirical  wit  that 
could  smother  in  laughter  any  ordinary  bill  to  which 
he  was  opposed.  He  was  a  graduate  of  Harvard,, 
therefore  opposed  as  I  thought. 

But  the  speaker  recognized  an  alumnus  of  the  Y. 
M.  C.  A.  Law  School,  Sanford  Bates,  who  cham- 
pioned the  amendment  with  much  sound  and  fury. 
As  he  subsided,  the  clamor  for  recognition  broke  out 
again.  This  time  it  was  Washburn  who  gained  the 
floor, 

192 


A  DOUBLE   SHUFFLE 

But  Washburn,  instead  of  opposing  us  as  I  had 
expected,  set  the  House  into  roars  of  laughter  in  his 
humorous  description  of  .Ben  Haines,  and  of  Medford 
from  which  he  hailed.  Then  in  serious  vein  he  eulo- 
gized Parks  and  spoke  eloquently  for  the  rejection  of 
the  amendment  and  the  passage  of  our  bill. 

Henebery  of  Worcester,  another  graduate  of  the 
Y.  M,  C.  A.  Law  School,  was  the  next  speaker;  and 
his  speech  was  a  shining  example  of  misinformation 
and  ignorance,  for  he  solemnly  assured  the  House 
that  the  Suffolk  Law  School  had  never  graduated  a 
single  student,  nor  had  a  man  from  the  school  ever 
succeeded  in  passing  the  bar. 

To  this  Walter  R.  Meins  of  Boston  made  spirited 
response,  setting  forth  the  real  facts.  Representative 
Cavanagh  to  whom  I  have  referred  in  a  previous 
chapter,  opposed  the  bill ;  but  Charles  R.  O'Connell 
of  Peabody,  who  had  attended  both  our  school  and  the 
Y.  M.  C.  A.,  came  in  with  a  ringing  eulogy  of  the 
Suffolk  Law  School. 

Haines  now  offered  his  second  surprise — an  amend- 
ment to  his  amendment,  naming  the  State  Board  of 
Education  in  place  of  the  Bar  Examiners. 

From  then  on  the  debate  was  "fast  and  furious," 
and  at  this  juncture  an  event  occurred  that  amazed 
and  electrifieed  me.  Martin  Lomasney,  the  man 
whom  the  newspapers  had  taught  me  to  believe  the 
embodiment  of  selfishness  and  greed;  the  man  who 
out-Tammanied  Tammany,  jumped  into  the  fray  in 
behalf  of  the  bill. 

I  say  "jumped"  advisedly,  for  no  man  who  has 
seen  Lomasney  in  action,  his  teeth  snapping,  his  arms 
thrashing  the  air,  his  trip  hammer  utterance  pouring 

193 


THE  EDUCATIONAL  OCTOPUS 

forth  a  native  eloquence  that  reaches  the  inmost  emo- 
tions of  his  hearers,  can  characterize  his  entrance  in- 
to a  debate  by  any  lesser  word. 

And  Lomasney's  speech  on  this  occasion  was  most 
powerful.  He  is  a  shrewd  judge  of  the  psychological 
moment  and  in  this  case  hit  it  exactly,  drawing  to  a 
dramatic  close  the  long  debate.  His  closing  appeal 
was  this:  "Don't  let  the  lawyers  of  this  body  make 
a  trust  of  legal  education  in  Massachusetts." 

On  the  roll  call  that  followed,  the  amendments  were 
rejected  by  a  vote  of  96  to  94.  This  was  the  signal 
for  a  general  uprising  of  the  members,  for  the  hour 
was  late.  When  the  chamber  was  half  empty  the 
speaker  put  the  bill  to  vote  and  declared  it  lost.  The 
vote  was  doubted  and  on  a  standing  vote  the  bill  was 
again  lost  by  a  vote  of  67  to  73. 

Again  Lomasney  was  in  action.  "Mr.  Speaker," 
he  cried,  "I  doubt  the  vote  and  ask  for  the  calling  of 
the  ayes  and  nays." 

Owing  to  the  depleted  chamber  and  the  lateness  of 
•the  hour,  I  was  fearful  lest  the  necessary  thirty  mem- 
bers should  fail  to  respond.  But  I  could  hear 
Lomasney's  excited  undertone  ordering  them  up,  and 
the  ayes  and  nays  were  ordered. 

The  gong  in  the  corridor  began  its  insistent  peal, 
the  invariable  accompaniment  of  a  roll  call.  Friends 
and  foes  were  darting  hither  and  thither  in  a  tense 
struggle  for  mastery.  The  monotonous  roll  call  be- 
gan. But  as  the  fateful  "no"  or  "yes"  came  in  re- 
sponse to  the  long  list  of  two  hundred  and  forty 
names  the  excitement  rose  to  fever  heat.  The  pairs 
had  already  been  announced,  but  now  when  the  list 
was  complete  and  the  opposition  saw  victory  in  sight 

194 


A   DOUBLE   SHUFFLE 

they  caused  two  of  their  men  who  were  paired  with 
two  of  our  absent  ones  to  withdraw  their  pairs  and 
vote  instead. 

Then  in  that  crisis  the  quick  wit  of  two  men  saved 
the  day  for  the  Suffolk  Law  School.  Realizing  the 
treachery  the  opposition  had  practiced,  Parks  per- 
suaded one  of  our  men  to  withdraw  his  pair  and  vote. 
Even  while  Parks  was  laboring  with  his  man 
Lomasney  cornered  a  Boston  University  Law  School 
student  and  by  sheer  power  of  will  compelled  him  to 
announce  that  he  was  paired  with  one  of  our  men 
who  had  been  paired  but  dropped  in  the  treachery 
referred  to — thus  was  executed  a  double  shuffle  of 
tremendous  importance  to  us. 

So  swiftly  had  these  changes  taken  place  that  the 
speaker  announced  the  vote  before  I  knew  what  it 
was  all  about.  We  had  won  by  a  vote  of  98  to  97. 
The  opposition  were  furious,  for  had  they  not  planned 
it  97  to  98  ?  They  would  surely  have  polled  that  vote, 
as  will  be  seen  from  a  little  figuring.  With  two  men 
released  from  the  pair  and  the  man  voting  that 
Lomasney  captured  they  would  have  polled  98  votes ; 
but  with  our  side  still  continuing  its  pairs  our  vote 
would  have  been  97. 

Only  the  quickest  of  wit  could  have  saved  the  day 
for  us.  The  whole  transaction  did  not  occupy  two 
minutes  of  time.  But  to  me  the  most  amazing  thing 
about  the  whole  matter,  and  even  the  debate  itself 
was  the  revelation  it  had  given  me  of  Martin  M. 
Lomasney. 

That  he  had  acted  in  our  case  without  the  slightest 
suggestion  of  self  interest  was  most  strikingly  man- 
ifest.    He,  the  deep  villain  of  the  popular  supersti- 

195 


THE   EDUCATIONAL   OCTOPUS 

tion,  had  acted  the  hero;  the  champion  of  the  cause 
of  the  sons  of  the  workingman,  while  the  so-called 
"guardians  of  the  rights  of  the  people"  to  whom  I 
had  looked  for  succor  were  laboring  diligently  to  de- 
feat those  rights. 

My  world  had  turned  topsy-turvy.  That  was  the 
beginning  of  a  great  disillusionment.  I  looked  at 
things  from  thereforward  with  my  own  eyes,  rather 
than  through  the  colored  lenses  of  an  inspired  press. 

I  came  to  see  that  Martin  Lomasney,  so  far  from 
being  the  political  ogre  he  has  been  painted,  was  after 
all  a  highly  respected  member  of  the  legislature;  a 
man  who  never  breaks  his  word,  and  who  is  usually 
found  on  the  side  of  the  people  in  any  contest  or 
debate. 

I  even  found,  in  three  years  of  observation,  that 
the  very  men  who  would  go  out  in  a  political  cam- 
paign and  win  their  election  by  representing  that  un- 
less they  were  returned  the  "unspeakable  Lomasney" 
would  be  elected  Speaker  of  the  House,  would  never- 
theless admit,  in  private  conversation,  that  "Martin" 
was  one  of  the  squarest  men  in  the  Legislature. 

While  I  hold  no  brief  for  Lomasney,  who  may  have 
conducted  many  questionable  political  transactions, 
yet  I  do  hate  hypocrisy  and  sham,  and  cry  out  against 
the  injustice  of  depicting  the  champion  of  the  masses 
as  a  villain  and  worker  of  darkness,  but  the  cham- 
pions of  the  privileged  classes  heroes  and  saints — 
when  their  political  methods  are  one  and  the  same  as 
any  observing  man  who  has  watched  them  well 
knows. 

They  say  Lomasney  has  been  known  to  turn  a 
political  trick  to  benefit  his  friends.     The  great  and 

196 


A  DOUBLE  SHUFFLE 

mighty  of  the  legislature  are  continually  turning 
tricks  for  State  Street  and  the  interests,  and  strang- 
est of  all,  making  a  goat  of  Lomasney  and  "guardians 
of  the  dear  public"  of  themselves. 


197 


THE   EDUCATIONAL   OCTOPUS 


CHAPTER  XLIV. 

Victory  in  the  Senate. 

To  add  to  the  chagrin  of  our  opponents,  it  now  oc- 
curred to  them  that  had  Speaker  Grafton  Gushing  ex- 
ercised the  presence  of  mind  to  vote  on  our  measure 
a  tie  vote  would  have  resulted;  and  the  bill  would 
accordingly  have  been  defeated.  But  now  the  op- 
portunity had  passed. 

It  must  have  been  that  the  opposition  sensed  the 
real  situation  in  the  Senate,  and  despaired  of  success 
in  that  quarter;  for  on  the  next  day  they  adopted  the 
desperate  expedient  of  trying  to  secure  reconsidera- 
tion of  the  measure. 

Anticipating  this  move,  and  alarmed  indeed  at  the 
prospect,  I  spent  the  next  forenoon  "rounding  up" 
our  trustees.  To  tell  the  truth  I  found  them  in  bellig- 
erent moods  and  ready  for  battle,  for  the  newspapers 
had  come  out  with  stories  of  the  debate. 

Mr.  Boynton,  Mr.  Evans,  Mr.  Vahey,  Mr.  O'Gon- 
nell  and  General  Bartlett  each  came  to  the  State 
House  in  person ;  so  all  but  one  of  our  Trustees  were 
in  the  thick  of  the  fray,  either  in  the  House  or  the 
Senate  corridors,  conferring  with  their  friends  in  each 
branch. 

Mr.  Evans,  who  had  been  Republican  leader  of  the 
Senate  during  the  previous  year,  held  an  impromptu 
reception    of    his    Republican    brethren;     while    Mr. 

198 


VICTORY   IN   THE   SENATE 

Vahey,  with  characteristic  vigor,  personally  conversed 
with  every  Democratic  Senator.  General  Bartlett  and 
Mr.  O'Connell  added  their  influence  to  that  of  Mr. 
Vahey;  and  the  outlook  for  success  in  the  Senate 
looked  very  favorable  should  we  succeed  in  leaving 
the  House  in  safety. 

Mr.  Boynton,  while  working  earnestly  for  our  suc- 
cess, was  a  downright  pessimist  so  far  as  the  Senate 
was  concerned.  "I  tell  you,  Mr.  Archer,  the  Senate 
is  the  graveyard  of  all  good  bills,"  was  a  frequent 
sentiment  with  him. 

But  every  effort  was  put  forth  to  prevent  reconsid- 
eration of  the  previous  day's  vote  in  the  House.  Re- 
consideration must  be  voted  if  at  all  before  the  orders 
of  the  day  were  reached,  and  I  was  fearful  lest  our 
friends  should  fail  to  put  in  appearance  early  enough 
to  prevent  a  successful  demonstration  by  the  opposi- 
tion. 

It  was  with  fear  and  trembling  that  I  surveyed 
the  half  empty  House  next  day  when  Haines  took 
the  floor  to  move  for  reconsideration.  But  the  seats 
filled  while  the  sharp  debate  was  in  progress.  When 
the  motion  was  put  to  vote,  Haines  lost  by  the  over- 
whelming vote  of  27  to  93.  A  roar  of  laughter  went 
up  at  the  result.  Haines  promptly  doubted  the  vote 
and  called  for  the  ayes  and  nays;  but  only  a  dozen 
or  so  responded  to  his  call.  Haines'  last  chance  had 
faded  away.  The  House  was  evidently  tired  of  the 
long  contest  and  disposed  to  leave  us  in  possession  of 
our  hard  won  victory. 

The  scene  of  battle  now  shifted  to  the  Senate,  and 
a  merry  battle  it  was.  Senator  Nason  told  me  that 
great  quantities  of  mail  were  already  pouring  in  upon 
every  member  of  the   Senate,   urging  them   to  vote 

199 


THE   EDUCATIONAL   OCTOPUS 

against  the  measure;  that  unless  something  were 
done  to  counteract  it,  we  would  have  great  difficulty 
in  passing  the  bill. 

By  good  fortune  I  had  now  gotten  possession  of 
two  of  Dean  Speare's  circular  letters;  sent  me,  by  the 
way,  by  students  of  his  own  school  who  resented  his 
action.  Believing  that  copies  of  one  of  his  letters 
would  make  many  votes  for  us  in  the  Senate  I  had 
prepared  the  following  document  which  I  mailed  to 
every  member  of  the  Senate: 

To  the  Members  of  the  Massachusetts  Senate : 

I  invite  your  attention  to  a  letter  which  will  ex- 
plain in  a  large  measure  the  letters  and  protests  that 
are  being  filed  with  you  against  the  Suffolk  School 
of  Law.  Please  note  the  suggestion  that  the  students 
of  the  Y.  M.  C.  A.  deceive  you  by  pretending  to  act 
as  disinterested  "citizens ;"  this  from  the  head  of  the 
Young  Men's  Christian  Association.  This  is  only  a 
sample  of  the  methods  used  by  our  opponents. 
Respectfully  yours, 

GLEASON  L.  ARCHER, 
Dean  of  the  Suffolk  School  of  Law. 
Feb.  12,  1912. 

(COPY.) 

ASSOCIATION  INSTITUTE 

BOSTON  YOUNG  MEN'S  CHRISTIAN 

ASSOCIATION. 

February  9,  1912. 
To  the  Students  of  the  Association  Institute, 
Gentlemen : 
The  Suffolk  School  of  Law,  a  commercial  enter- 

200 


VICTORY  IN  THE  SENATE 

prise,  conducted  in  Tremont  Temple,  is  seeking  to 
gain  the  right  to  grant  degrees.  They  are  being  op- 
posed by  Harvard  University,  Boston  University, 
Tufts  College,  The  Massachusetts  Bar  Association, 
and  educators  in  general.  They  have  seen  fit  to  use 
the  Association  Law  School  as  a  sledge  to  break  down 
the  educational  traditions  and  standards  of  the  State, 
and  force  an  entrance. 

The  Bill  has  been  reported  for  a  third  reading  in 
the  House,  and  then,  if  it  passes,  will  go  to  the  Senate. 
I  therefore,  write  to  urge  you  to  at  once  get  in  touch 
with  your  Representative  and  Senator  and  urge  them 
to  vote  against  the  measure.  You  need  not  necessa- 
rily state  that  you  are  identified  with  the  Y.  M.  C.  A., 
but  approach  him  as  a  citizen.  Please  let  nothing  pre- 
vent your  doing  this,  as  you  will  be  conferring  a  great 
benefit  to  all  existing  institutions  and  helping  to  up- 
hold the  proud  educational  standards  of  the  Common- 
wealth. 

li  I  have  written  to  you  previously,  this  letter  sim- 
ply reinforces  what  was  said  before.  The  Bill  comes 
up  again  in  the  House  for  discussion  Monday  after- 
noon, February  12th,  so  that  immediate  action  is  nec- 
essary. Please  see  these  persons  if  possible ;  if  not, 
write  or  telephone. 

Yours  very  truly, 

FRANK  PALMER  SPEARE, 
Educational  Director. 

Mr.  Evans  also  came  out  with  an  open  letter  to  the 
Senate  urging  the  passage  of  our  bill. 

Senators  Nason  and  Hunt  were  the  natural  cham- 
pions of  the  bill  in  the  Senate,  being  members  of  the 
committee  that  reported  it.    Senator  Nason,  however, 

201 


THE   EDUCATIONAL  OCTOPUS 

took  the  most  interest  in  the  measure,  and  as  he  was 
recognized  to  be  a  skillful  debater  and  aggressive  in 
action,  we  were  well  pleased  to  have  him  become 
sponsor  of  the  bill  in  case  there  should  be  a  debate. 

That  there  would  be  a  stiff  battle  in  the  Senate  we 
had  no  doubt.  Senator  Harry  N.  Stearns,  the  Repub- 
lican leader  of  the  Senate,  a  graduate  of  Harvard,  was 
especially  active  in  opposition  to  the  bill,  and  it  was 
reported  that  he  would  lead  the  opposition. 

The  opening  gun  was  fired  in  the  Senate  on  Feb- 
ruary 19th,  when  Senator  Stearns  gave  notice  that 
he  should  on  the  next  day  move  for  the  adoption  of 
the  following  order. 

"Ordered  that  the  Board  of  Education  be  requested 
to  furnish  the  Senate  with  the  following  information : 

(i)  What  is  the  proper  standard  of  instruction  or 
efficiency  to  entitle  a  law  school,  or  an  educational 
institution  giving  instruction  in  law,  to  grant  the  de- 
gree of  Bachelor  of  Laws? 

(2)  Has  the  Suffolk  School  of  Law,  located  in 
Tremont  Temple,  Boston,  such  a  standard  of  instruc- 
tion and  efficiency  as  to  make  it  proper  that  it  should 
be  authorized  to  grant  the  degree  of  Bachelor  of 
Laws?" 

I  immediately  got  out  a  circular  letter  to  the  Sen- 
ators urging  defeat  of  the  Stearns  order;  because  the 
State  Board  was  not  as  well  qualified  to  give  this 
information  as  the  Bar  Examiners  who  had  already 
declared  the  proper  standard,  which  standard  the 
Suffolk  Law  School  fully  complied  with.  I  quoted 
from  statistics  to  show  that  only  four  other  evening 
law  schools  in  the  United  States  maintained  a  four 
year  course,  all  the  others  three  years  or  less.  I  also 
quoted  in  full  a  letter  from  the  Chairman  of  the  Board 

202 


VICTORY   IN   THE   SENATE 

of  Bar  Examiners  giving  the  bar  examination  record 
of  our  students  and  graduates. 

I  had  the  satisfaction,  when  the  Senate  convened, 
on  February  20th,  of  seeing  the  majority  of  the  Sen- 
ators open  their  mail  (they  seem  to  make  a  practice 
of  reading  their  mail  during  the  formal  Committee 
Report  stage  of  the  session)  and  observing  the  length 
of  time  spent  with  my  letter.  I  sat  in  the  gallery  and 
could  easily  identify  my  letter  by  the  school  seal  on 
the  letterhead. 

The  order  was  finally  reached,  and  Senator  Stearns 
opened  the  debate.  After  what  I  had  experienced  m 
the  House  debates,  the  Senate  affair  was  mild  by 
comparison. 

Snator  Arthur  L.  Nason  was  the  chief  speaker  for 
our  side,  but  quite  a  number  of  short  speeches  were 
made  on  both  sides  before  the  matter  was  put  to  vote. 
On  a  roll  call,  the  Stearns  order  was  killed  by  the 
emphatic  vote  of  8  to  22,  with  four  pairs. 

The  bill  was  passed  to  a  third  reading  without  fur- 
ther opposition.  Senator  Stearns  informed  me  that 
he  was  through;  that  Speare's  letter  which  I  had 
mailed  to  the  Senators  had  killed  all  chances  of  de- 
feating the  measure,  so  I  need  expect  no  further 
trouble  in  the  Senate. 

He  was  true  to  his  word.  On  the  following  day 
the  bill  passed  to  engrossment  and  was  soon  returned 
to  the  House  for  the  enactment  stage. 


203 


THE  EDUCATIONAL  OCTOPUS 


CHAPTER  XLV. 

The  Bill  Goes  to  Governor  Foss. 

We  now  felt  that  all  legislative  dangers  had  been 
overcome  and  that  our  charter  was  as  good  as  signed. 
Rumors  came  to  us,  however,  that  Haines  would  make 
a  desperate  effort  to  kill  the  bill  on  enactment.  So 
alarming  became  these  rumors  that  I  sent  the  fol- 
lowing letter  to  every  member  of  the  House  who  had 
voted  for  our  bill: — 

Dear  Sir: 

The  Suffolk  Law  School  bill  for  which  you  so 
kindly  voted  has  won  an  overwhelming  victory  in 
the  Senate — 22. — 8.  The  bill  will  return  to  the  House 
Monday  for  enactment.  I  have  just  learned  that  our 
opponents  are  planning  to  endeavor  to  kill  the  bill  on 
enactment.  Now,  we  have  won  fairly  and  honorably 
and  I  feel  assured  that  you  will  do  your  utmost  to 
prevent  selfish  partisans  of  a  wholly  selfish  opposi- 
tion from  depriving  us  of  the  fruits  of  victory.  May 
we  count  upon  you  to  be  present  without  fail  at 
Monday's  session  to  vote  for  the  enactment  of  our 
bill? 

Sincerely  yours, 
GLEASON  L.  ARCHER,  Dean. 
Feb.  23,  1912. 

204 


THE  BILL  GOES   TO  GOVERNOR  FOSS 

But  the  bill  did  not  return  to  the  House  Monday 
for  enactment.  Tuesday,  February  27th,  however,  I 
was  informed  that  the  bill  had  been  engrossed  in 
concurrence,  and  was  then  in  the  hands  of  the  chair- 
man of  the  committee  on  engrossed  bills,  Walter  R. 
Meins,  It  will  be  remembered  that  Mr.  Meins  was  a 
firm  friend  of  the  school  and  had  spoken  for  the  bill 
twice  in  the  House. 

It  is  a  custom  in  the  House,  when  bills  are  ready 
to  be  enacted,  for  the  chairman  of  the  committee  to 
cause  them  to  be  placed  on  the  speaker's  desk  and  for 
the  speaker,  at  the  first  lull  in  proceedings  or  during 
the  formal  part  of  the  session,  to  present  the  bills  to 
the  House.  In  three  years  of  observation  I  never  saw 
but  one  attempt  made  to  kill  a  bill  on  enactment,  and 
that  attempt  was  made  on  our  bill. 

From  my  seat  in  the  House  gallery,  I  saw  our  bill 
placed  on  the  Speaker's  desk.  I  noted  with  concern 
that  he  paid  no  attention  to  it.  Several  of  our  friends 
who  were  watching  it  went  to  the  Speaker's  desk  to 
request  action,  but  the  Speaker  declined.  He  did  not 
in  fact  find  it  convenient  to  touch  the  bill  until  the 
business  was  over  for  the  day  and  the  members  were 
leaving. 

He  then  called  the  bill  very  distinctly  (not  in  the 
monotonous  undertone  customary  with  bills  to  be  en- 
acted.) Haines  sprang  to  his  feet  and  moved  to  have 
the  enactment  clause  of  the  bill  stricken  out.  Such 
action  would  defeat  the  measure.  Fortunately  a  few  of 
our  friends  were  in  the  chamber,  and  one  of  them,  I 
have  now  forgotten  who  it  was,  challenged  such  action 
on  the  ground  that  there  was  not  a  quorum  present. 
Such  was  the  case,  so  the  House  was  declared  adjouned. 

The  bill  had  been  saved;  for  before  the  House  con- 

205 


THE   EDUCATIONAL   OCTOPUS 

vened  on  the  following  day  I  had  stationed  friendly 
members  of  the  House  at  every  entrance  to  acquaint  the 
other  members  as  they  arrived  of  the  attempt  to 
assassinate  our  charter.  The  indignation  was  so  gen- 
eral that  no  further  action  w^as  attempted.  The  bill 
was  then  enacted  February  28th  as  a  matter  of  regular 
routine  in  the  House,  and  February  29th  in  the  Senate. 
The  fight  had  occupied  six  weeks  of  time.  Having 
been  "in  the  harness"  over  fifteen  hours  a  day  five  days 
a  week,  I  was  so  exhausted  physically  that  it  was  with 
effort  that  I  kept  up  at  all.  I  had  found  the  long  after- 
noons in  the  legislature  when  waiting  for  our  bill  to  be 
reached  most  exhausting  of  all. 

My  friends  had  frequently  urged  me  to  give  up  my 
regular  attendance,  but  I  had  persisted  because  I  found 
that  when  any  new  move  of  the  opposition  was  made 
instant  action  was  our  only  salvation;  and  I  dared  not 
trust  it  to  others  who  had  many  distracting  duties  that 
might  blind  them  to  what  was  going  on.  I  was  there 
with  a  single  purpose,  to  watch  the  bill — and  I  watched 
it  to  the  end. 

Now  that  the  end  of  the  long  vigil  had  come  I  felt 
like  taking  a  week's  sleep;  but  rumors  had  come  to  me 
with  disconcerting  frequency  that  Governor  Foss  would 
veto  our  bill.  It  seemed  incredible  that  a  Democratic 
Governor  would  veto  a  bill  that  had  the  support  of  every 
Democratic  Senator  and  of  eighty  per  cent,  of  the  Dem- 
ocrats in  the  House.  Both  General  Bartlett  and  Mr. 
Vahey,  of  our  trustees,  had  been  Democratic  candidates 
for  governor.  To  them,  and  to  Mf.  O'Connell,  Foss 
owed  in  large  measure  his  election  as  governor.  That  he 
would  affront  them  by  vetoing  the  bill — in  effect  to 
declare  them  unworthy  to  be  entrusted  with  degree 
granting  power — was  absolutely  beyond  belief. 

206 


THE  BILL  GOES   TO   GOVERNOR  FOSS 

But  there  was  still  another  reason  why  Foss  should 
not  act.  He  was  trustee  of  the  Y.  M.  C.  A,  Law  School, 
and,  as  an  interested  party,  could  not  honorably  veto 
the  bill. 

But  when  I  saw  with  my  own  eyes,  as  well  as  being 
credibly  informed  of  other  such  happenings,  that  men 
who  had  fought  our  bill  most  persistently  were  lingering 
in  the  executive  offices,  I  decided  not  to  take  chances  on 
the  governor,  but  to  wait  upon  him  with  a  delegation  of 
our  friends. 


207 


THE   EDUCATIONAL  OCTOPUS 


CHAPTER  XLVI. 

Veto  and  Defeat. 

On  the  day  that  the  bill  was  enacted  in  the  Senate, 
February  29th,  1912,  I  gathered  together  the  faculty  and 
four  trustees,  (General  Bartlett,  Mr.  Boynton,  Mr. 
Evans  and  myself),  as  a  delegation  to  wait  upon  the  gov- 
ernor. By  good  fortune,  we  met  in  the  State  House 
Judge  Thomas  P.  Riley,  then  a  close  adviser  of  Foss. 
Judge  Riley  was  a  good  friend  of  the  school,  and  went 
with  us  to  the  governor's  office. 

We  were  duly  presented  to  the  governor.  The  whole 
party  stood,  the  governor  himself  standing,  plump,  sleek 
and  self-satisfied,  during  the  conference.  Judge  Riley 
was  the  first  speaker.  General  Bartlett,  Mr.  Boynton  and 
Mr.  Evans  also  spoke.  I  myself  spoke  at  some  length, 
for  the  governor  seemed  disposed  to  ask  me  questions. 
They  were  the  time  worn  objections  that  we  had  re- 
futed hundreds  of  times  in  the  last  six  weeks. 

We  departed  somewhat  besmeared  with  gubernatorial 
"soft  soap,"  for  the  "Old  Boy"  was  in  fine  fettle  and  up 
to  his  usual  game  of  beguiling  his  intended  victims 
with  pleasant  words.  Not  knowing  the  man,  I  was 
quite  convinced  of  favorable  action,  and  it  came  to  me 
as  a  distinct  shock  when  Judge  Riley  declared,  when 
we  reached  the  outer  corridor,  "I'm  afraid  the  Old 
Boy  will  veto  that  bill.    He  acted  just  like  it  to  me." 

That  night  I  wrote  a  long  letter  to  the  governor,  re- 
viewing   all    the   arguments    that   had    been    advanced 

208 


THE  BILL  GOES   TO  GOVERNOR  FOSS 

agtiinst  the  bill,  answering  them  briefly,  paying  special 
attention  to  the  question  he  had  raised  of  why  the  State 
Board  of  Education  should  not  be  consulted.  I  quote 
this  portion  of  the  letter:  "Now  they  are  carrying  these 
exploded  arguments  to  you,  and  trying  to  induce  you  to 
do  what  the  Committee  on  Education  refused  to  do, 
what  the  House  refused  to  do,  what  the  Senate  by  an 
overwhelming  vote  refused  to  do — refer  the  matter  to 
the  State  Board  of  Education." 

"After  the  attempt  in  the  House  had  failed,  our  op- 
ponents repeatedly  declared  in  debate  that  the  Board 
of  Education  was  opposed  to  the  bill  and  urged  that  as 
a  reason  why  the  bill  should  be  killed.  Dean  Speare,  in 
one  of  his  circular  letters  by  which  he  directed  the 
attack  upon  us,  declared  "All  we  desire  is  that  the  bill  be 
referred  to  the  State  Board  of  Education,"  and  in  a 
letter  written  on  the  following  day,  a  copy  of  which  I 
gave  you  today,  he  asks  the  friends  of  the  Y.  M.  C.  A. 
to  ask  their  Representatives  and  Senators  to  vote 
against  the  bill,  thus  demonstrating  that  he  consid- 
ered reference  to  the  Board  as  equivalent  to  killing 
the  bill. 

"Now  I  ask  you,  as  a  common  sense  proposition,  if 
your  enemies  should  try  repeatedly  to  drag  you  into  a 
certain  alley,  would  you  not  be  justified  in  suspecting 
from  that  fact  alone  that  that  alley  was  not  a  healthy 
place  for  you?  But  we  have  positive  evidence  that  the 
chairman  of  this  Board,  and  the  only  lawyer  on  the 
Board,  has  without  the  slightest  investigation  declared 
his  hostility  to  our  bill.  Therefore,  we  have  double 
reason  to  shun  this  particular  alley." 

On  the  following  day  I  drew  up  a  formal  paper  signed 
by  all  the  incorporators,  setting  forth  all  the  essential 
facts  concerning  the  school,  analyzing  the  vote  in  the 

209 


THE   EDUCATIONAL   OCTOPUS 

House  and  Senate  and  closing  with  a  strong  appeal  for 
favorable  action. 

On  this  day,  also,  Mr.  Vahey  and  Mr.  O'Connell 
had  separate  conferences  with  the  governor.  Delega- 
tions from  both  House  and  Senate  waited  upon  him  in 
our  behalf. 

But  without  notice  to  us,  a  fact  which  came  to  my 
knowledge  a  year  later,  the  governor  gave  a  secret  hear- 
ing on  our  bill  to  which  only  the  avowed  enemies  of  the 
school  were  invited.  The  fact  of  this  hearing  was  dis- 
closed to  me  in  a  remark  dropped  by  William  G.  Thomp- 
son, Esq.,  in  December,  1912,  nine  months  after  it  oc- 
curred. Mr.  Thompson  was  one  of  those  present.  Upon 
questioning  him  he  gave  me  the  names  of  many  of 
those  who  attended  the  hearing. 

The  first  positive  evidence  that  I  received  of  the  gov- 
ernor's hostility  was  when,  in  response  to  a  telephone 
request,  I  called  at  the  office  of  the  State  Board  of  Edu- 
■cation  and  found  to  my  utter  amazement  that  Governor 
Foss  had  referred  the  whole  matter  to  Commissioner 
Snedden. 

But  most  amazing  of  all  was  the  fact  that  my  personal 
letter  to  the  Gkjvemor,  in  which  I  had  paid  my  respects 
in  no  uncertain  terms  to  the  State  Board,  was  upon  Mr. 
Snedden's  desk — doubtless  to  put  him  in  a  favorable 
frame  of  mind  toward  us. 

From  that  moment  I  was  sure  of  the  fate  of  our 
bill.  The  governor  was  seeking  a  pretext  to  veto  it. 
That  he  would  secure  such  a  pretext  from  this 
source,  I  was  as  certain  as  that  the  sun  would  rise  on 
the  following  day. 

Commissioner  Snedden  had  called  me  to  ask  a  few 
questions  and  arrange  a  hearing,  to  which  I  could 

210 


VETO  AND  DEFEAT 

bring  one  other  of  the  trustees  or  faculty.  I  named 
Mr.  Evans  as  my  associate,  and  departed  with  the 
solemn  assurance  that  I  would  be  notified  of  the  time 
and  place  of  the  hearing.  But  this  promise  was  never 
kept.  No  hearing  took  place,  and  the  first  word  that 
I  received  from  Commissioner  Snedden  was  that  he 
had  rendered  his  report  to  the  governor,  and  he  re- 
fused to  show  me  even  a  copy  of  the  report. 

The  report,  moreover,  contained  the  grossly  inac- 
curate statement  that  a  charter  once  granted  in  Mas- 
sachusetts could  not  be  revoked  (a  powerful  reason 
for  a  veto  if  there  was  any  question  as  to  the  rights 
of  the  matter)  and  had  we  been  permitted  to  see  it 
this  statement  would  never  have  gotten  into  Foss's 
veto  message,  as  it  did. 

The  learned  commissioner  later  excused  himself  for 
this  grave  mistake  by  declaring  that  he  got  his  infor- 
mation from  Professor of  Harvard  Law  School,  a 

sad  commentary  on  the  legal  knowledge  of  that  dis- 
tinguished authority;  for  the  law  laid  down  by  the 
ancient  Dartmouth  College  case,  which  the  professor 
evidently  had  in  mind,  has  been  abrogated  in  Massa- 
chusetts by  statute  for  over  eighty  years. 

The  Educational  Octopus  had  gotten  us  at  last. 
Governor  Foss  vetoed  the  bill  and  incorporated  Com- 
missioner Snedden's  astonishing  interpretation  of  law 
in  his  veto  message. 

One  more  stormy  day  in  the  House,  when  the  veto 
was  acted  upon,  and  our  1912  charter  was  quietly  and 
decently  interred. 

On  the  day  of  the  veto  I  posted  the  following  notice 
on  the  bulletin  board  and  will  offer  it  here  as  the  epi- 
taph of  our  ill-fated  measure: 

211 


THE  EDUCATIONAL  OCTOPUS 

"To  the  Students : 

Governor  Foss'^s  veto  of  our  bill  will  be  fought  to 
the  last  ditch,  but  if  we  fail  to  pass  it  over  his  veto, 
it  will  not  affect  the  school  in  the  slightest  degree. 
The  school  will  continue  precisely  as  before.  We 
have  lost  nothing  that  we  possessed  before  the  fight 
began,  but  in  reality  have  gained  much  through  the 
advertising  that  the  school  has  received  through  the 
press,  I  thank  the  students  one  and  all  for  the  splen- 
did spirit  of  loyalty  they  have  manifested  throughout. 

Gleason  L.  Archer." 
March  8,  1912. 

The  incorporators  issued  a  public  statement  scor- 
ing the  governor  for  his  action  and  prophesying  that 
he  would  live  to  regret  his  action ;  a  prophecy  that  has 
in  all  probability  been  amply  fulfilled. 


212 


PREPARING  FOR  SECOND  LEGISLATIVE  CONTEST 


CHAPTER  XLVII. 

Preparing  for  the  Second  Legislative  Contest. 

The  school  year  of  1911-1912,  despite  the  great  con- 
test in  the  legislature  with  its  heavy  demands  upon 
my  time,  had  been  a  most  successful  year  from  all 
points  of  view.  My  own  courses  in  both  departments 
had  gone  on  much  as  usual,  and  they  would  have  been 
the  ones  to  suffer  if  any,  owing  to  my  personal  activi- 
ties in  the  legislative  contest. 

But  a  wonderful  spirit  of  loyalty  and  good  fellow- 
ship had  sprung  up  in  the  school.  There  was  not  a 
luke-warm  individual  in  the  entire  student  body.  It 
was  then  that  we  laid  the  firm  foundation  for  the 
greater  Suffolk  Law  School  that  now  exists.  Men 
cannot  be  drawn  together  into  more  certain  unity  of 
thought  and  action  than  by  some  common  wrong  or 
injustice  that  must  be  righted  at  their  hands. 

The  year  1912  saw  perpetrated  upon  the  Suffolk 
Law  School  a  great  injustice  which  roused  in  every 
student  of  the  school  a  spirit  of  intense  resentment, 
that  translated  itself  into  concerted  action  in  the 
school's  behalf  and  loyalty  to  the  institution  itself; 
for  men  love  best  that  for  which  they  have  fought 
most  valiantly. 

The  January  1912  bar  examinations  had  resulted 
in  a  splendid  showing  for  the  school.  Our  annual 
school  banquet  which  occurred  shortly  after  the  veto 

213 


THE  EDUCATIONAL  OCTOPUS 

contest,  was  a  great  success.  The  spirit  of  battle  was 
strong  among  us.  Everyone  pledged  his  efforts  to 
the  defeat  of  our  enemies  in  the  legislature  and  vic- 
tory for  the  school  on  the  following  year. 

The  close  of  school  in  May  found  no  abatement  of 
zeal  either  among  the  students  or  the  corporation 
members.  The  sentiments  of  the  latter  may  be 
judged  from  the  fact  that  during  the  summer  of  1912 
two  sets  of  Massachusetts  Reports  were  added  to  the 
school  library,  one  the  gift  of  General  Charles  W. 
Bartlett  and  the  other  presented  by  Wilmot  R.  Evans, 
Jr.  These  were  the  first  gifts  the  school  ever  received 
from  any  person  other  than  myself. 

I  have  neglected  to  mention  that  before  our  legis- 
lative fight  began  I  had  given  the  school  to  the  cor- 
poration (so  that  it  might  not  be  attacked  on  the 
ground  that  it  was  a  privately  owned  institution.)  At 
the  next  meeting  of  the  corportion  this  deed  of  gift 
had  been  formally  accepted.  Since  that  date,  my 
connection  with  the  institution  has  been  merely  that 
of  an  executive  officer.  The  results  have  more  than 
justified  the  sacrifice. 

The  summer  advertising  campaign,  after  the  wide 
publicity  that  the  legislative  contest  had  brought  us, 
resulted  in  an  increasing  number  of  new  students. 
When  the  school  opened  in  September,  1912,  we  were 
gratified  to  learn  that  our  total  attendance  had  risen 
from  94  of  the  previous  year  to  108  students. 

The  new  men  quickly  assimilated  the  eager  loyalty 
of  the  upper  classmen;  and  by  the  time  the  Septem- 
ber primaries  were  over  the  entire  student  body  were 
thirsting  for  battle ;  to  help  our  friends  and  to  defeat 
our  enemies.  It  will  be  remembered  that  the  year 
1912  was  the  year  of  the  national  election,  when  the 

214 


PREPARING  FOR  SECOND  LEGISLATIVE  CONTEST 

Progressive  Party  made  its  appearance  and  stirred 
both  the  old  parties  to  great  activity. 

This  also  had  its  effect  upon  our  students.  "Bull 
Moose"  were  proudly  wearing  their  "founders 
badges,"  and  Democrats  and  Republicans  were  roam- 
ing the  corridors;  but  on  the  subject  of  Foss  and  the 
legislative  contest  they  were  perfectly  non-partisan. 

At  the  request  of  the  students,  I  posted  a  list  of  the 
candidates  for  the  legislature  who  had  supported  our 
bill  and  also  those  who  had  opposed  it,  leaving  it  to 
the  students  to  do  what  they  saw  fit.  But  that  they 
were  making  themselves  felt  I  was  not  long  in  doubt, 
for  many  the  dire  threat  was  sent  to  me  by  distressed 
opponents  of  the  school,  who  declared  that  they  were 
being  "shamefully  knifed"  by  our  students  in  their 
district. 

Even  Haines  made  overtures  of  peace;  but  no  at- 
tention was  paid  to  his  plea,  for  he  had  given  me  too 
many  assurances  during  the  legislative  fight  that  he 
had  abandoned  his  opposition,  only  to  spring  some 
new  surprise  upon  us.  Hence,  we  feared  his  prom- 
ises now.  The  whole  spirit  of  the  school  seemed  to 
be  that  we  should  teach  the  opposition  that  it  was 
not  a  healthy  political  pastime  to  continue  to  oppose 
our  bill  in  the  legislature. 

When  the  November  election  occurred,  although 
some  of  our  friends  had  been  defeated,  the  result  was 
the  signal  for  rejoicing  among  the  students  because 
of  the  defeat  of  many  of  our  bitterest  enemies. 

I  sent  out  personal  letters  to  every  new  member 
of  the  legislature,  one  clause  of  which  was  as  follows: 
"All  we  desire  is  your  free,  unbiased  judgment.  We 
wish  you  to  hear  our  story  before  making  a  decision, 
for  we  know  from  last  year's  experience  that  the  op~ 

215 


THE   EDUCATIONAL   OCTOPUS 

position  will  speedily  present  their  side  of  the  case." 
I  later  mailed  to  each  an  illustrated  booklet  and  a 
school  catalogue. 

Although  Governor  Foss  had  been  re-elected,  we 
had  nevertheless  resolved  to  present  our  bill  to  the 
legislature  of  1913.  Again  we  advertised  the  bill  in 
the  newspapers  as  required  by  law. 

There  had  in  fact  been  a  new  law  enacted  in  the 

spring  of  1912,  which  provided  that  all  educational  in- 
stitutions applying  thereafter  for  power  to  confer  de- 
grees must  be  investigated  and  reported  upon  by  the 
State  Board  of  Education.  This  law  was  of  course 
aimed  at  the  SuflFolk  Law  School,  being  fathered  by 
Senator  Stearns  and  supported  by  the  Educational 
Trust.  But  we  had  not  opposed  its  passage,  believing 
so  to  do  would  injure  our  cause  more  than  it  would 
help  it.  The  State  Board  with  all  its  accumulated 
animosity  would,  therefore,  have  its  opportunity  to 
attack  us  before  the  legislature. 

From  remarks  that  had  been  made  the  previous 
year,  I  divined  that  they  would  centre  their  whole  at- 
tack upon  our  Day  Department,  which  was  of  course 
our  weakest  point.  The  original  charter  had  con- 
tained a  provision  that  might  be  construed  as  giving 
our  day  department  the  right  even  to  confer  degrees 
of  Doctor  of  Laws  as  well  as  the  Bachelors  degree. 

I  reasoned,  therefore,  that  since  our  Day  Depart- 
ment was  absurdly  small,  and  a  mere  experiment,  I 
could  effectively  checkmate  the  State  Board  and  elim- 
inate much  of  the  hostility  of  the  day  law  schools 
by  striking  out  the  provision  as  to  the  Day  Depart- 
ment in  our  191 3  charter. 

To  plan  was  to  act,  for  although  some  of  the  trus- 
tees were  opposed  to  the  plan,  yet  the  majority  fa- 

216 


PREPARING  FOR  SECOND  LEGISLATIVE  CONTEST 

vored  the  idea,  so  I  drew  the  new  charter  in  the  form 
indicated.  We  received  no  new  day  students  after 
1913  and  continued  the  department  only  so  long  as 
to  graduate  those  already  enrolled,  closing  the  Day 
Department  officially  in  May,  191 5. 


217 


THE  EDUCATIONAL  OCTOPUS 


CHAPTER  XLVIII. 

The  Bar  Association  Investigation. 

Late  in  December  the  first  evidence  of  activity  of 
the  opposition  developed.  General  Bartlett  called  me 
to  his  office  one  day  and  told  me  that  William  G. 
Thompson,  Esq.,  a  Harvard  alumnus  of  very  pro- 
nounced views,  had  told  him  that  he  was  on  a  commit- 
tee of  the  Bar  Association  to  investigate  the  school, 
and  desired  him  to  arrange  the  matter  with  me. 

I  invited  the  gentleman  in  question  to  come  with 
his  committee  and  investigate  as  much  as  he  desired. 
It  may  be  mentioned  in  passing  that  the  chairman  of 
the  committee  was  a  man  who  had  been  president  of 
the  Corporation  of  the  Y.  M.  C.  A.  Law  School  for 
many  years ;  that  it  consisted  chiefly  of  men  who  were 
closely  identified  with  the  other  law  schools. 

The  sub-committee  that  investigated  the  school 
were  Mr.  Thompson  and  Henry  A.  Wyman,  formerly 
a  professor  in  Boston  University  Law  School.  That 
the  report  would  be  adverse,  I  was  as  certain  as  that 
the  two  gentlemen  were  in  my  office  when  they  made 
their  first  visit.  This  does  not  by  any  means  reflect 
upon  the  integrity  of  either,  for  they  are  both  able 
and  conscientious  men,  but  they  were  so  hopelessly 
prejudiced  that  there  was  no  possibility  of  reporting 
except  in  one  way. 

218 


BAR  ASSOCIATION   INVESTIGATION 

Mr.  Thompson  himself  is  a  picturesque  character, 
large  and  ruddy  of  countenance,  very  aggressive  of 
manner,  and  the  most  outspoken  lawyer  that  it  was 
ever  my  fortune  to  meet. 

As  an  example  of  his  refreshing  frankness,  he  an- 
nounced the  purpose  of  his  first  visit  to  the  school 
something  in  this  manner: 

"I  don't  want  this  job  of  investigation.  From  your 
standpoint,  I'm  probably  the  worst  lawyer  in  the  city 
of  Boston  to  investigate  you.  I  don't  mind  telling  you 
candidly  that  I  don't  believe  any  evening  school  should 
have  the  right  to  confer  degrees.  If  I  had  my  way  I 
would  shut  up  every  law  school  in  the  United  States, 
Harvard  included,  for  six  years.  There  are  too  many 
lawyers  already." 

In  spite  of  his  prejudice,  however,  he  and  Mr.  Wy- 
man  set  about  their  work  with  conscientious  thorough- 
ness. They  visited  lectures,  and  also  gave  a  hearing 
before  making  their  report.  They  had  the  courtesy, 
moreover,  to  give  me  a  copy  of  the  report  before  it 
went  to  the  Committee  on  Education. 

While  the  conclusion  of  their  report  was  adverse,  I 
was  surprised  and  pleased  at  some  of  the  genuine  com- 
pliments paid  to  the  school  and  to  me. 

In  one  place  in  the  report  it  was  said :  "Mr,  Archer 
has  had  little  experience  in  the  practice  of  law,  but  he 
appears  to  us  to  have  considerable  natural  gifts  as  a 
teacher,  and  a  genuine  interest  in  teaching." 

Again,  "One  cannot,  however,  pass  from  the  subject 
of  Mr.  Archer's  books  without  expressing  admiration 
for  the  energy  and  ability  which  have  enabled  him  un- 
der such  diflSculties  and  at  such  an  early  age  to  occupy 
a  place  in  the  field  of  respectable  legal  authorship." 

219 


THE  EDUCATIONAL  OCTOPUS 

Of  the  school,  the  report  declares:  "We  Were  im- 
pressed by  the  spirit  of  interest,  earnestness  and  strong 
desire  to  learn  manifested  by  the  students  at  the  lec- 
tures which  we  attended.  The  discussions  carried  on 
between  instructors  and  pupils  were  intelligent  and  in- 
teresting." 

Again,  "In  the  course  of  this  investigation,  we  have 
acquired  a  respect  for  Mr.  Archer  and  the  instructors 
of  the  Suffolk  School  of  Law  whose  work  we  observed. 
We  do  not  think  they  should  be  charged  with  mercen- 
ary or  other  improper  motives.  The  students  of  the 
Suffolk  School  of  Law  receive  more  than  adequate  re- 
turn for  the  tuition  which  they  pay." 

Their  conclusion  was,  "It  also  seems  to  us  clear  be- 
yond reasonable  doubt  that  it  would  be  a  serious  and 
unwarranted  departure  from  the  high  standards  and 
traditional  policy  of  this  Commonwealth  in  regard  to 
institutions  of  higher  education  to  confer  upon  the 
Suffolk  School  of  Law  the  power  to  grant  the  degree 
of  Bachelor  of  Laws  or  any  other  degree." 


220 


BOARD  OF  EDUCATION'S   "INVESTIGATTION" 


CHAPTER  XLIX. 

The  Board  of  Education's  "Investigation." 

It  will  be  remembered  that  Dr.  Snedden  of  the 
State  Board  of  Education  had  made  a  lengthy  report  to 
Governor  Foss  on  our  bill.  In  this  report  he  stated 
that  it  was  highly  desirable  that  a  careful  investigation 
should  be  made  "with  special  reference  to  the  scope, 
fitness  and  probable  success  of  the  Suffolk  Law 
School  in  maintaining  the  standards  of  legal  educa- 
tion." 

Shortly  after  this  and  through  the  agency  of  Sen- 
ator Stearns  and  others  who  had  opposed  our  bill,  a 
law  was  enacted,  (Chapter  481,  Acts  of  1912)  giving 
the  State  Board  power  to  make  the  investigation  re- 
ferred to,  and  providing  that  the  State  Board's  report 
should  be  forwarded  to  the  legislature  during  the  first 
week  of  the  session. 

I  notified  the  Board  in  November  that  the  school 
would  present  a  new  petition  to  the  legislature.  I 
naturally  expected  prompt  action  on  their  part,  but 
not  until  January  3rd,  1913,  did  I  hear  in  any  way 
from  the  Board.  On  that  day,  however,  they  filed 
with  me  a  list  of  seventeen  interrogatories  which  I 
answered  in  writing. 

One  week  later  I  received  a  letter  which  speaks  for 
itself. 

221 


THE  EDUCATIONAL  OCTOPUS 

Massachusetts  Board  of  Education 

Ford  Building,  Boston. 

January  lO,  1913. 
Mr.  Gleason  L.  Archer, 

Tremont  Temple  Building,  Tremont  St., 
Boston,  Massachusetts. 
"At  a  meeting  of  the  Board  of  Education  today,  a 
special  committee  composed  of  Mr.  Fish,  Mr.  Conant 
and  Miss  Arnold  were  appointed  to  take  such  action 
as  may  be  necessary  in  connection  with  the  submis- 
sion of  the  Board's  recommendations  to  accompany 
your  petition  to  the  legislature. 

"Mr.  Fish  and  Miss  Arnold  live  in  Boston,  and  I 
can  arrange  that  you  meet  them  sometime  next  week. 
Mr.  Conant  is  Dean  of  the  Polytechnic  Institute  in 
Worcester,  and  inasmuch  as  he  must  leave  for  the 
west  next  Wednesday,  he  begs  that  you  will  endeavor 
to  see  him  in  Worcester,  Monday  at  three  o'clock  in 
the  afternoon,  which  hour  he  will  reserve  for  you.  I 
am  sorry  to  have  to  trouble  you,  but  since  Mr.  Conant 
is  a  very  busy  man,  I  must  ask  you  to  endeavor  to  see 
him  on  that  date  and  explain  your  case  to  him. 

"I  will  communicate  with  you  later  about  seeing 
Miss  Arnold  and  Mr.  Fish. 

Yours  very  truly, 

(-Signed)  David  Snedden." 

January  11,  1913. 
Dr.  David  Snedden, 

Ford  Building,  Boston. 

Dear  Dr.-  Snedden, — 

"Your  letter  reached  me  by  special  delivery  last 
evening  but,  as  it  was  then  too  late  for  me  to  get  in 

222 


BOARD   OF  EDUCATION'S   "INVESTIGATION" 

touch  with  any  of  my  associates  on  the  Board  o£ 
Trustees  of  the  school,  I  could  not  answer  until  today. 

"I  see  no  reason  why  I  should  go  to  Worcester  to  in- 
terview Mr.  Conant,  even  though  he  is  "a  very  busy 
man"  and  will  depart  for  the  west  next  Wednesday. 
He  was  appointed  to  the  committee  yesterday,  and  I 
presume  the  Board  of  Education  was  well  aware  o£ 
the  limited  time  at  his  command. 

"We  have  already  had  too  much  of  these  investiga- 
tions on  paper.  Our  school  is  in  Tremont  Temple.  If 
your  committee  desire  to  make  an  investigation  they 
should  make  it  as  the  sub-committee  of  the  Bar  Asso- 
ciation did — by  actual  visit  at  the  school  when  it  was 
in  session,  supplemented  by  conferences  and  a  hearing. 
We  have  always  been  ready  to  give  anybody  who  de- 
sired to  investigate  our  school  the  fullest  opportunity 
to  do  so. 

"Perhaps  you  will  remember  that  last  year  the  op- 
ponents of  our  bill  struggled  for  six  weeks  to  have  it 
referred  to  the  State  Board  of  Education.  We  opposed 
such  reference  because  we  were  credibly  informed  that 
the  chairman  and  only  lawyer  on  the  board  had  with- 
out the  slightest  investigation,  openly  condemned  our 
school.    The  bill  was  not  referred  to  your  board. 

"When  the  bill  went  to  the  Governor  for  his  signa- 
ture, he  called  upon  you  as  an  expert  for  your  opinion. 
You  promised  me  that  we  should  have  a  hearing  on 
the  matter  before  you  reported  to  the  Governor,  and 
were  to  notify  me  of  the  date.  You  did  not  notify  me 
and  we  had  no  hearing.  You  sent  a  long  letter  to  the 
Governor,  in  which  you  stated  as  an  expert  that,  "in 
Massachusetts,  when  the  power  is  once  given  to  issue 
degrees,  the  State  exercises  no  further  supervision  and 

223 


THE  EDUCATIONAL   OCTOPUS 

under  existing  laws,  is  not  able  to  rescind  the  author- 
ity once  given."  This  statement  was  inaccurate  in 
every  respect,  although  uttered  in  ignorance — but  an 
ignorance  that  was  inexcusable  under  the  circum- 
stances. For  more  than  eighty  years  it  has  been  the 
law  in  this  state  that  the  legislature  could  amend,  al- 
ter, or  repeal  the  charter  of  any  corporation  created 
by  it  or  under  general  laws.  (See  Mass.  R.  L.  Chap. 
109.) 

"You  further  recommended  that  the  bill  be  vetoed 
(or  called  for  a  delay  which  meant  veto)  so  that  the 
State  Board  of  Education  could  have  ample  time  to 
investigate.  The  governor  followed  your  suggestion 
and  vetoed  our  bill. 

"Then,  in  order  that  your  board  have  power  to  in- 
vestigate, a  bill  was  passed  authorizing  such  investi- 
gation and  calling  for  a  report  from  your  board  during 
the  first  week  of  the  legislative  session. 

"Our  school  has  been  in  session  for  a  total  of  seven 
months  since  the  governor's  veto;  yet  no  member  of 
the  State  Board  of  Education  has  ever  visited  our 
school,  nor  even  talked  with  any  of  the  school  officials 
concerning  it.  In  November,  I  suggested  to  you  the 
advisability  of  investigation,  and  also  spoke  to  another 
member  of  the  board  concerning  it.  We  advertised  in 
the  newspapers  as  required  by  law.  On  January  i, 
1913,  I  filed  with  you  our  petition,  as  required  by  law. 
On  Jan.  3rd,  you  sent  me  a  set  of  interrogatories  to  be 
answered  in  writing,  which  answers  I  returned  to  you 
January  7th. 

"Now,  after  the  school  has  closed  for  our  annual 
mid-year  vacation  of  two  weeks — and  two  days  after  the 
time  set  by  statute  for  your  report  on  our  bill  has  ex- 

224 


BOARD  OF  EDUCATION'S   "INVESTIGATION"- 

pired — ^your  board  appoints  a  committee  of  three  to 
investigate  our  school.  One  of  them  must  leave  Mass- 
achusetts on  Wednesday.  Of  the  two  remaining  mem- 
bers, one  is  the  very  person  to  whose  prejudiced  atti- 
tude we  objected  twelve  months  ago. 

"It  is  a  great  hardship  and  handicap  to  us  to  be  in- 
vestigated when  our  school  is  closed  for  vacation,  but: 
if  we  can  have  notice  of  a  hearing,  we  will  endeavor 
to  get  together  some  of  our  corporation  and  faculty^ 
members  and  meet  your  committee  as  a  committee,, 
somewhere  in  Boston,  preferably  at  the  school." 

Very  truly  yours, 

GLEASON  L.  ARCHER, 

Dean. 

Some  days  after  this  correspondence  Miss  Arnold 
called  at  my  office,  full  of  righteous  indignation ;  and 
upbraided  me  for  obliging  the  members  of  the  sub-com- 
mittee to  call  at  the  school  and  waste  their  valuable 
time.  She  reminded  me  reproachfully  that  the  Board 
were  not  paid  for  their  services.  I  defended  myself 
mildly  on  the  ground  that  we  had  fought  for  six  weeks 
in  the  legislature  the  previous  year  to  avoid  troubling 
the  distinguished  Board ;  but  that  the  zeal  of  the  oppo- 
sition, including  certain  members  of  the  Board,  had 
prevailed  against  us. 

On  January  20th,  Mr.  Fish,  busy,  bustling  and  bellig- 
erent, honored  me  with  a  call.  We  had  a  few  minutes  of 
interesting  and  lively  conversation  and  he  departed.  The 
report  had  already  been  "tentatively"  drawn  before 
Mr.  Fish  called,  as  was  admitted  by  Dr.  Snedden  at 
the  time.     It  was  now  filed  with  the  legislature. 

225 


THE  EDUCATIONAL   OCTOPUS 

This  was  all  the  investigation  ever  made  of  our  school 
l)y  the  State  Board  of  Education  which  opposed  our 
school  so  zealously  during  the  three  years  of  our  con- 
test. That  it  was  unfair  and  inadequate  is  obvious  to 
everybody. 

The  Board  in  the  report  which  it  filed  with  the 
legislature  advanced  four  tests  as  the  criterion  for 
law  schools  and  ruled  against  our  school  because  it  did 
not  meet  these  tests.  In  answer  to  their  report,  I  issued 
a  pamphlet  entitled  "State  Board  of  Education  vs.  Suf- 
folk Law  School,"  from  which  the  following  is  an  ex- 
tract : 

THE  FOUR  TESTS  PROPOSED. 

I.  "A  resident  faculty,  whose  chief  purpose  it  is  to 
give  instruction  required  by  the  institution,"  etc.  In  other 
words,  they  believe  that  a  lawyer  who  teaches  one  even- 
ing or  two  evenings  a  week  (none  of  our  instructors 
teach  on  more  than  two  of  the  three  school  evenings), 
should  abandon  his  private  practice  and  devote 
himself  entirely  to  the  work.  Could  any  body  of 
sane  men  propose  such  a  test  if  seeking  a  bona  fide 
objection  to  our  school?  A  live  lawyer  can  carry 
on  his  practice  and  still  do  ample  justice  to  one  or 
two  evenings  a  week  of  teaching,  as  the  State  Board 
well  know,  for  all  the  teachers  at  the  Y.  M.  C.  A. 
Law  School  carry  on  their  private  practice ;  prac- 
tically every  member  of  the  faculty  at  Boston  University 
Law  School  maintains  his  private  practice,  even  to  Dean 
Albers  himself ;  and  at  Harvard  Law  School,  where  they 
pay  princely  salaries,  many  of  the  faculty  practice  law. 
In  other  words,  the  State  Board  have  proposed  a  test 
for  our  school  that  no  other  law  school  in  Massachusetts 

226 


BOARD   OF   EDUCATION'S   "INVESTIGATION" 

could  meet,  and  I  cannot  credit  them  with  such  utter 
ignorance  of  conditions  as  to  suppose  that  they  are  una- 
ware of  that  fact.  The  first  test  is,  therefore,  abso- 
lutely unfair  and  valueless. 

2.  "An  adequate  endowment,  etc."  This  point  has 
been  fully  covered  under  interrogatory  14*  and  the 
reader  is  respectfully  referred  to  the  answer  to  the  same 
as  submitted  to  the  State  Board  of  Education.  After 
reading  the  answer,  the  reader  may  draw  his  own  con- 
clusions as  to  whether  this  test  is  a  fair  one. 

3.  "Affiliation  with  other  institutions  of  higher  learn- 
ing." If  it  is  a  disqualification  for  a  professional  school 
to  be  unaffiliated  it  does  not  appear  tiiat  the  Massachu- 

*  Question  14.  How  is  the  financial  future  of  the  school  guar- 
anteed? 

Answer.  As  to  the  financial  future  of  the  school,  perhaps  no 
more  reassuring  picture  could  be  drawn  than  that  indicated  by 
an  eminent  expert  on  Evening  Law  Schools,  Frank  Palmer 
Speare,  for  fifteen  years  dean  of  the  Y.  M.  C.  A.  Law  School. 
He  spoke  in  opposition  to  our  bill  last  year  before  the  legisla- 
tive committee.  He  declared  that,  owing  to  the  fact  that  even- 
ing law  schools  needed  very  little  and  in  the  way  of  equipment 
and  could  be  run  at  comparatively  small  expense,  they  possessed 
tremendous  money  making  possibilities. 

If  that  is  true,  then  endowment  is  unnecessary.  It  can  very 
easily  be  demonstrated  that  evening  law  schools,  unlike  day 
law  schools,  can  be  run  at  a  very  modest  fig^ure,  so  that  with  a 
patronge  of  even  one-third  of  the  evening  students  now  study- 
ing law  schools  needed  very  little  in  the  way  of  equipment 
a  margin  to  cover  all  necessary  expenses.  As  for  "tremendous 
money  making  possibilities,"  that  can  only  exist  when  one  school 
has  a  monopoly  of  the  g^ranting  of  degrees  and  a  resulting  at- 
tendance of  four-fifths  of  the  evening  students  of  Massachu- 
setts. If  there  should  be  a  decline  in  the  number  of  students  so 
that  endowment  became  necessary,  it  is  reasonabl  to  suppose 
that  as  the  school  grows  older  in  a  community  traditionally  so 
liberal  to  educational  institutions  as  Massachusetts,  it  will 
readily  receive  the  modest  endowment  that  would  suffice  for 
all  its  needs. 

227 


THE   EDUCATIONAL   OCTOPUS 

setts  Institute  of  Technology  has  been  in  any  way  handi- 
capped because  it  has  no  college,  divinity,  or  medical 
school  connected  with  it.  In  fact  it  would  appear  that  a 
Board  of  Trustees  who  could  give  undivided  attention  to 
a  single  department,  could  accomplish  greater  results 
than  if  their  attention  were  divided  among  several  de- 
partments. For  instance,  a  Board  of  Trustees,  all  of 
whom  are  lawyers,  as  in  the  case  of  our  school,  ought  to 
be  able  to  run  a  law  school  far  better  than  they  could  run 
a  university  with  departments  of  law,  arts,  medicine, 
divinity,  etc. 

Furthermore,  there  are  eighteen  evening  law  schools 
in  the  United  States,  not  connected  with  colleges  or  iml- 
versities,  that  can  confer  degrees. 

4.  "Supervision  by  some  body  directly  responsible  to 
the  State  and  not  financially  interested  in  the  institution." 

As  for  the  fourth  test  I  have  reason  to  believe  that  the 
State  Board  are  not  advancing  this  argument  in  good 
faith,  but  merely  as  another  trumped  up  reason  why  they 
should  hold  against  our  school.  The  reason  for  my 
statement  is  this : 

Mr.  Fish  advanced  this  argument  in  conversation  with 
me  January  20,  1913,  and  Dr.  Hamilton  and  Commis- 
sioner Snedden  were  present  at  the  time.  I  assured 
Mr.  Fish  that  we  would  favor  the  creation  of  such  a  su- 
pervising body,  and  proposed  to  him  that  the  State  Board 
recommend  to  the  present  legislature  the  creation  of  the 
body  referred  to.  He  hesitated  and,  when  I  pressed 
him  upon  the  matter  he  astonished  me  by  replying,  "It 
would  not  be  wise  at  present;  Massachusetts  isn't  ready 
for  it.  The  time  isnt  ripe."  He  made  this  statement  in 
the  presence  of  the  two  gentlemen  to  whom  I  have 
already  referred.  I  assured  him  that  I  considered  his 
attitude  very   extraordinary — opposing  our   school   be- 

228 


BOARD   OF  EDUCATION'S   "INVESTIGATION" 

cause  this  body  had  not  yet  been  created,  and  yet  refus- 
ing to  create  such  a  body  because  the  time  was  not  ripe. 
The  four  tests  proposed  by  the  State  Board  are, 
therefore,  virtually  an  acknowledgment  by  that  body  that 
they  cannot  find  genuine  fault  with  our  school  and  in 
their  frantic  endeavor  to  find  some  justification  for  an 
adverse  report,  they  have  invented  these  specious  tests." 


229 


BEFORE   COMMITTEE  ON   EDUCATION,   1913 


CHAPTER  L. 

Before  the  Committee  on  Education,  1913. 

When  Speaker  Gushing  announced  the  legislative 
committees  for  the  season  of  1913,  we  had  immediate 
misgivings.  It  was  at  once  evident  that  at  least  five 
members  of  the  Committee  as  named  were  enemies  of 
the  school,  for  they  had  served  during  the  previous 
year;  and  we  feared  that  out  of  the  members  who 
were  serving  their  first  legislative  term,  and  of  whom 
we  had  no  record,  there  would  be  one  or  more  to 
espouse  the  cause  of  the  opposition. 

It  was  commonly  reported  that  the  committee  was 
"packed"  against  us,  and  that  we  were  listed  for  de- 
feat in  the  committee. 

The  situation  was  a  critical  one,  for  an  adverse 
committee  report  would  render  much  more  difficult 
the  passage  of  the  bill.  It  should  be  added  that  our 
only  hope  of  success  in  case  of  another  veto  was  to 
pass  the  bill  over  the  veto,  which  required  a  two 
thirds  vote  in  each  branch.  So  defeat  in  committee, 
even  though  the  report  was  overturned  by  the  House 
and  Senate,  would  assuredly  defeat  all  chances  of  a 
two  thirds  vote. 

The  committee  hearing  was  listed  for  February 
13th,  and  was  very  largely  attended.  There  was  prac- 
tically no  opposition  except  for  the  hostile  report  of 
the  State  Board  of  Education.     Because  of  the  wide 

230 


BEFORE   COMMITTEE  ON  EDUCATION,   1913 

interest  in  the  bill,  called  forth  by  the  previous  year's 
contest,  the  newspapers  now  gave  the  progress  of  the 
bill  ample  attention.  I  cannot  better  summarize  the 
hearing  before  the  committee  than  by  quoting  from 
the  Boston  Record  of  that  date. 

SUFFOLK  LAWJCHOOL  DEGREES 

The  committee  on  education  gave  a  hearing  on  the 
bill  to  permit  the  Suffolk  Law  School  to  grant  the  de- 
gree of  LL.B.,  the  same  bill  which  passed  both 
branches  of  the  legislature  last  year,  but  was  vetoed 
by  Gov.  Foss  at  the  suggestion  of  the  state  board  of 
education.  Ex-Rep.  Walter  R.  Meins  appeared  for  the 
petition.  He  said  the  school  has  been  incorporated 
for  seven  years  and  has  at  present  150  students.  It 
has  graduated  30  students,  of  whom  24  have  success- 
fully passed  the  bar  examinations. 

The  bill  was  vetoed  last  year  by  Gov.  Foss,  acting 
upon  information  which  the  petitioners  believe  was 
erroneous.  The  report  of  the  board  of  education  to 
him  stated  that  the  granting  of  this  right  to  the  school 
would  be  irrevocable.  Such  is  not  the  case.  The  leg- 
islature can  at  any  time  rescind  or  revoke  a  right 
granted  by  a  previous  legislature,  and  would  undoubt- 
edly do  so  if  sufficient  cause  was  shown. 

Another  reason  given  for  the  veto  was  that  oppor- 
tunity had  not  been  offered  for  full  and  complete  in- 
vestigation of  the  school.  That  opportunity  has  since 
been  afforded,  and  the  results  of  that  investigation  are 
before  the  committee. 

Several  years  ago  the  legislature  granted  the  right 
to  grant  degrees  to  the  Y.  M.  C.  A.  law  school.    There 

231 


THE   EDUCATIONAL   OCTOPUS 

is  no  good  reason  why  a  similar  right  should  not  be 
granted  to  the  Suffolk  school.  This  is  an  evening  law 
school  where  young  men  who  cannot  give  their  days 
to  study  can  qualify  as  members  of  the  bar.  Its  stand- 
ards are  high  and  it  has  the  endorsement  and  support 
of  some  of  the  best-known  lawyers  in  Boston. 

Charles  W.  Bartlett,  a  trustee  of  the  school,  said 
that  every  opportunity  has  been  given  for  thorough 
investigation  of  the  school  by  the  committee  of  the 
Bar  Ass'n.  This  is  a  very  important  crisis  in  the 
state's  handling  of  institutions  of  learning.  The  grad- 
uates of  this  school  are  ornaments  to  their  profession 
and  to  the  legislature  itself.  There  is  no  good  reason 
why  an  evening  high  school  should  not  have  the  op- 
portunity to  produce  men  and  lawyers  if  its  stand- 
ards are  high  enough. 

METHOD  OF  INVESTIGATION 

Gleason  L.  Archer,  dean  of  the  Suffolk  School  of 
Law,  called  attention  to  the  mode  adopted  by  the 
state  board  of  education  to  investigate  the  institution 
upon  which  it  filed  its  report.  The  order  for  an  in- 
vestigation was  passed  by  the  last  legislature,  and  the 
state  board  of  education  did  not  turn  a  hand  towards 
making  any  investigation  until  the  first  of  January  of 
this  year.  At  that  time  two  of  the  members  of  the 
state  board  of  education  called  at  the  office  of  the 
dean  of  the  Suffolk  School,  "looked  over  the  office 
furniture,"  according  to  Dean  Archer,  and  after  ask- 
ing a  few  perfunctory  questions,  concluded  its  investi- 
gation. 

The  state  board  have  not  attempted  to  study  the 
standards  of  study  in  the  institution ;  have  not  at- 
tended the  sessions  of  the  school,  and  their  report  is 

232 


BEFORE   COMMITTEE  ON   EDUCATION,   1913 

based  on  the  most  superficial  investig^ation.  It  is  this 
report,  based  on  that  investigation  that  the  legislature 
is  asked  to  accept  as  determining  the  question  in  is- 
sue. 

"BOARD  WAS  HOSTILE." 

Dean  Archer  called  attention  also  to  the  hostility 
of  the  state  board  of  education  to  his  institution. 
Frederick  P.  Fish,  the  president  of  the  board,  before 
the  matter  even  came  before  the  legislature,  at  the  last 
session,  made  the  statement  in  the  presence  of  Dr. 
Snedden  that  he  was  opposed  to  the  measure. 

Dean  Archer  then  went  on  to  explain  the  work  of 
his  school.  He  explained  that  no  student  can  grad- 
uate who  has  not  at  least  a  high  school  education  or 
its  equivalent.  The  standard  of  the  school  is  as  high 
as  that  of  any  evening  law  school.  The  instructors 
are  all  practicing  attorneys  of  experience  and  training. 
Every  facility  afforded  by  other  evening  law  schools 
in  the  country  are  afforded  to  the  students  of  the  Suf- 
folk School  of  Law.  He  reviewed  in  detail  the  work 
of  the  school,  calling  attention  to  the  success  of  these 
students  who  have  been  admitted  to  practice." 

For  some  days  after  the  hearing  we  were  in  doubt  as 
to  the  result.  The  exultation  of  our  opponents,  how- 
ever, led  them  to  commit  the  fatal  error  of  delay  after 
they  had  won  in  committee.  One  of  them  tauntingly 
advised  us  that  the  report  of  "leave  to  withdraw" 
would  be  filed  the  next  day,  and  advised  us  scornfully 
to  get  a  certain  member  of  the  committee  to  vote  for 
the  bill ;  for  a  change  of  one  vote  would  give  us  the 
victory — the  committee  being  divided  6  to  5  against  us. 

We  accepted  his  challenge.  Before  the  session 
opened  the  next  day  one  of  our  students,  who  was  a 

233 


THE  EDUCATIONAL   OCTOPUS 

popular  representative  from  the  senatorial  district  of 
the  member  referred  to,  stirred  up  so  formidable  a 
tempest  for  the  worthy  senator  that  he  actually  re- 
versed his  vote  and  sulkily  agreed  to  sign  the  bill  if  it 
were  brought  to  him. 

The  representative  in  question  hurried  to  House 
Chairman  Haines  to  acquaint  him  with  the  Senator's 
change  of  front.  The  report  had  already  been  filed 
with  the  clerk  of  the  House.  It  was  not  too  late,  how- 
ever, to  recall  the  report;  it  not  having  been  read  in 
the  House.  So  the  bill  was  rushed  over  to  the  Senate 
for  the  desired  signature. 

Thus  it  was  that  we  won  the  contest  in  committee. 
The  line  up  of  the  committee  is  sufficiently  indicated  in 
the  following  quotation  from  the  Boston  Journal  of 
that  date: — 

"The  committee  on  education  has  at  last  been  able 
to  sit  down  for  a  seance  with  the  Suffolk  School  of 
Law  problem.  As  understood  now.  Representatives 
Haines,  Armstrong,  Sanborn,  Wood  and  Grady  are 
against  granting  the  request  of  the  petitioners.  Rep- 
regentatives  Lawler,  Greenwood,  Morill,  Halley,  Ross 
and  Clark  are  reporting  for  it. 

"The  delay  was  because  of  the  absence  of  Senator 
Ross  and  a  doubt  in  the  mind  of  Dr.  Clark.  There 
will  be  a  mighty  sharp  battle  in  the  Legislature  over 
it,  a  battle  which  promises  to  be  as  long  continued  as 
that  of  a  year  ago,  when  it  became  a  fighting  issue." 


234 


THE  BILL   PASSES   THE  LEGISLATURE 


CHAPTER  LI. 

The  Bill  Passes  the  Legislature. 

The  question  of  who  would  champion  our  bill  in  the 
House  of  191 3  had  given  us  much  anxious  thought,  for 
Representative  Parks,  who  had  fought  so  ably  for  its 
passage,  was  no  longer  in  the  legislature,  having  been 
appointed  to  the  newly-created  Industrial  Accident 
Board. 

It  soon  became  apparent  however  that  Representa- 
tive James  F.  Griffin  of  Ward  22,  Boston,  who  was 
now  a  student  in  the  school,  could  be  relied  upon  to 
watch  the  bill  and  battle  for  its  interests  as  valiantly 
as  Parks  had  done.  Two  other  representatives  had 
recently  enrolled  at  the  school,  Edward  N.  Dahlborg 
of  Brockton,  and  John  J.  Murphy  of  South  Boston. 
With  their  able  assistance  I  had  no  fear  of  the  issue 
in  the  House. 

The  bill  was  in  charge  of  Fred  P.  Greenwood  for  the 
Committee  on  Education.  But  when  the  debate  oc- 
curred, February  25,  1913,  that  gentleman  was  una- 
voidably absent  and  Charles  S.  Lawler  of  Boston,  also 
a  member  of  the  committee,  took  his  place. 

The  debate  itself  was  very  mild  in  comparison  with 
the  previous  year's  contest.  Representative  Haines 
led  the  opposition  as  previously,  but  not  with  the  old 
time  animosity.     He  had  already  begun  to  manifest 

235 


J^E  EDUCATIONAL  OCTOPUS 

symptoms  of  that  change  of  view  that  arrayed  him  on 
our  side  in  the  following  year.  The  burden  of  his  ar- 
gument was  the  fact  that  the  State  Board  of  Educa- 
tion and  the  Bar  Association  were  opposed  to  the 
granting  of  the  charter. 

Representative  Griffin,  in  reply,  scored  the  State 
Board  of  Education  and  warmly  defended  the  school. 

Armstrong  of  Somerville  and  Duncan  of  Clinton  op- 
posed the  measure,  while  Lawler  of  Boston,  Underhill 
of  Somerville,  John  J.  Murphy  of  Boston  and  Morrill 
of  Haverhill  spoke  in  defense  of  the  bill. 

To  my  surprise  and  delight  the  bill  was  passed  to  a 
third  reading  on  a  voice  vote.  I  had  expected  that  the 
opposition  would  demand  a  roll  call,  but  they  did  not. 
On  the  following  day  the  bill  passed  to  engrossment. 

Considerable  newspaper  notice  was  elicited  by  the 
debate  and  its  result.  One  Boston  newspaper,  the  Rec- 
ord, came  out  with  an  editorial  approving  the  action 
of  the  House. 

In  the  Senate  we  had  a  new  situation  to  meet,  for 
practically  every  senator  who  had  spoken  for  our  bill 
the  previous  year  was  no  longer  a  member  of  that 
body,  while  nearly  all  our  opponents  in  that  body, 
with  some  reinforcements,  were  still  in  evidence.  By 
good  fortune  we  persuaded  Senator  Claude  L.  Allen 
of  Melrose  to  champion  the  bill. 

There  was  a  long  delay  on  one  pretext  or  another, 
and  it  was  not  until  March  ii,  191 3,  that  the  bill  came 
up  for  debate  in  the  Senate.  I  was  an  interested  spec- 
tator in  the  Senate  gallery  when  Senator  Stearns 
opened  up  his  verbal  batteries  against  the  bill.  Al- 
though Senator  Allen  was  not  a  member  of  the  Com- 
mittee on  Education,  and  had  not  heard  our  presenta- 

236 


THE  BILL   PASSES   THE  LEGISLATURE 

tion  of  the  case,  yet  the  delay  in  the  senate  had  given 
me  ample  time  to  supply  him  with  all  necessary  in- 
formation. 

That  he  used  such  information  very  skilfully  in  the 
senate  debate  is  unquestioned.  He  quoted  facts  and 
figures  so  convincingly  that  other  senators  rallied  to 
Steam's  support. 

Senator  Fisher,  with  much  sound  and  fury,  plunged 
into  the  debate  with  the  announcement  that  he  was 
"going  to  tear  the  mask  from  the  whole  proposition," 
but  Senator  Allen  sharply  demanded  his  authority  for 
his  absurd  charges,  and  he  was  obliged  to  lamely  con- 
fess that  he  had  no  proofs  except  his  "own  intuition 
and  common  sense." 

Senator  Allen  further  punctured  Fisher's  charges  o£ 
"money-making  institution"  by  showing  that  the  total 
revenues  of  the  school  did  not  exceed  $5,000  a  year — 
hence  that  it  could  not  be  a  source  of  profit  to  anyone. 

Senator  John  H.  Mack  also  spoke  in  favor  of  the 
bill. 

On  a  voice  vote  the  bill  was  rejected,  as  all  bills  are 
when  there  is  opposition  and  the  presiding  officer  is 
himself  opposed.  Half  a  dozen  men  can  shout  "no" 
louder  than  twice  that  number  can  shout  "yes ;"  partly 
because  of  the  greater  ease  of  speaking  the  word, 
but  also  because  they  have  the  advantage  of  having 
heard  the  exact  volume  of  sound  of  the  "yes"  vote. 

A  roll  call  was  ordered  and  there  was  a  great  scuriy- 
ing  to  and  fro  in  the  Senate  chamber.  Senators  came 
in  from  the  lobby  and  cloak  rooms.  When  the  vote 
was  recorded  we  had  won  by  a  vote  of  17  to  10,  with 
four  pairs. 

237 


JHE   EDUCATIONAL  OCTOPUS 

A  third  reading  had  already  taken  place  without 
opposition,  so  this  vote  was  on  engrossment.  Once 
more  the  Suffolk  Law  School  charter  had  passed  sue- 
cessfully  through  both  branches  of  the  legislature. 
Within  three  days  the  measure  was  in  the  governor's; 
office,  awaiting  executive  action.  But  the  Educational 
Octopus  had  been  intrenched  in  the  executive  offices 
for  some  days. 


238 


THE  "PLEASANT  EASTER"   EPISODE 


CHAPTER  LII. 

The  "Pleasant  Easter"  Episode. 

We  had  hoped  that  the  passage  of  the  bill  for  a 
second  time  through  the  legislature,  especially  by  so 
sweeping  a  majority,  would  influence  Governor  Foss 
to  at  least  permit  it  to  become  a  law  without  his  signa- 
ture. Some  more  optimistic  political  prophets  de- 
clared that  now  that  he  realized  how  popular  the 
measure  had  become  he  would  sign  it  as  a  bid  for 
popularity. 

The  governor  was  then  in  the  midst  of  one  of  his 
comedy  turns.  This  was  his  third  term  and  he  had 
likened  his  terms  of  office  to  three  pieces  of  pie  and 
hinted  that  he  would  like  a  fourth  piece.  The  news- 
papers had  made  much  of  it  and  he  was  taking  advan- 
tage of  his  opportunity  by  frequent  allusions  to  his  ap- 
petite for  pie.  Popularity  was  what  he  most  needed, 
for  no  governor  for  many  years  had  ever  been  given 
a  fourth  term.  The  Democratic  lieutenant-governor, 
David  I.  Walsh,  was  his  logical  successor  and,  should 
Foss  run  again,  Walsh  must  either  openly  oppose  him 
in  the  primaries  or  be  delayed  another  year.  The 
interest  taken  by  politicians  and  citizens  in  the  Foss 
candidacy  was  therefore  considerable. 

Immediately  upon  enactment  of  the  bill  in  the  legis- 
lature the  students  of  the  Suffolk  Law  School  drew 
up  a  petition  to  the  Governor  asking  him  not  to  veto 

239 


JHE   EDUCATIONAL,  OCTOPUS 

the  bill  without  at  least  giving  a  public  hearing  at 
which  both  friends  and  enemies  of  the  bill  could  be 
heard. 

In  commenting  upon  this  editorially,  the  Boston 
Journal  remarked: 

"There  is  an  element  of  real  pathos  in  the  make-up 
of  the  petition  which  has  been  sent  to  Governor  Foss 
from  the  students  of  the  Suffolk  Law  School  begging 
that,  if  he  has  thought  of  vetoing  the  bill  this  year, 
that  they  be  given  a  public  hearing  at  which  they  can 
set  forth  their  case.  It  may  be  that  the  document  in 
question  has  been  framed  by  some  clever  attorney 
for  the  school,  but  there  is  a  ring  of  fair  play  in  it 
that  commands  attention." 

The  allusion  to  "clever  attorney"  in  the  editorial 
was  of  course  unfounded,  for  it  was  the  work  of  the 
students,  drawn  up  in  my  office  and  merely  submitted 
to  me  for  approval. 

On  the  following  day  I  wrote  an  open  letter  to  the 
Governor,  reviewing  the  entire  situation  and  present- 
ing the  strongest  argument  of  which  I  was  capable, 
in  an  effort  to  influence  him  to  allow  the  twice-re- 
peated verdict  of  the  legislature  to  stand.  This  letter 
attracted  some  newspaper  comment  and  I  was  much 
gratified  to  have  the  Boston  Advertiser  come  out  with 
a  strong  editorial  review  of  the  letter,  its  opening  and 
closing  sentences  being  as  follows: — 

"The  appeal  which  Dean  Archer  of  the  Suffolk  Law 
School  has  made  to  the  governor  is  strong  and  con- 
vincing. *  *  Governor  Foss  should  approve  the 
bill." 

Every  legitimate  effort  was  put  forth  to  counteract 
the  manifest  activity  of  the  opposition.  One  of  the 
strongest  moves  that  we  made  at  that  time  was  when 

240 


THE  "PLEASANT  EASTER"   EPISODE 

I  interviewed  Grenville  S.  MacFarland,  one  of  the 
most  influential  advisers  of  the  Governor.  Mr.  Mac- 
Farland is  a  man  of  great  ability  and  breadth  of 
vision.  After  a  careful  survey  of  the  matter  he  warmly 
espoused  our  cause  and  had  repeated  conferences  with 
the  Cjovernor  in  our  behalf. 

Under  the  law  in  Massachusetts  if  a  bill  remains  in 
the  Governor's  office  for  five  days  without  the  lat- 
ter's  signature  it  automatically  becomes  a  law.  Day 
after  day  passed  and  no  veto  was  reported.  The  last 
day  for  executive  action  was  Saturday,  May  22,  191 3. 
When  noon  came  and  no  news  from  the  bill  I  aban- 
doned the  long  vigil,  for  the  State  Houses  closes  at 
that  hour,  and  returned  to  my  home  in  Woburn. 

Mr.  O'Connell  was  to  see  the  Governor  to  make  a 
last  appeal  sometime  during  the  day.  At  two  o'clock 
I  received  a  telephone  message  from  Mr.  O'Connell, 
saying  that  the  Governor  had  just  declared  to  him 
that  his  only  objection  was  that  he  feared  that  the 
school  was  a  "commercial  enterprise"  (one  of  the 
arguments  that  had  been  refuted  a  hundred  times  dur- 
ing the  two  years.)  This  news  convinced  me  that 
there  was  no  hope. 

A  few  minutes  later  I  telephoned  Henry  Berlin,  the 
newspaper  reporter  who  had  rendered  such  signal 
service  to  the  school  during  the  long  contest,  and 
told  him  what  I  had  heard.  The  bill  had  not  then 
been  vetoed.  Mr.  Berlin  suggested  that  I  telephone 
personally  to  the  Governor,  for  it  could  not  make  mat- 
ters any  worse  than  they  evidently  were. 

The  more  I  thought  of  it  the  better  I  liked  the  idea, 
for  I  always  prefer  action  to  inaction  even  though  the 
result  may  be  the  same.  I  called  the  Governor's  office 
and  learned  that  he  was  at  lunch  at  a  certain  hotel. 

241 


THE   EDUCATIONAL   OCTOPUS 

I  called  the  hotel  and  was  quickly  put  into  communi- 
cation with  the  Governor.  It  was  then  about  2:30 
P.  M. 

I  apologized  for  calling  him  at  such  a  time,  but  as 
this  was  the  last  day  for  action  on  the  bill  I  desired 
to  correct  any  erroneous  impression  that  he  might 
be  entertaining  concerning  the  school.  I  called  his 
attention  to  the  Bar  Association  report  that  had  espe- 
cially exonerated  the  school  from  the  charge  of  "com- 
mercialism." 

But  he  declared  that  he  was  not  troubled  on  that 
score  at  all — it  was  the  adverse  report  of  the  State 
Board  of  Education. 

I  said,  "Governor,  I  wish  I  could  have  had  the 
•opportunity  to  tell  you  the  real  facts  about  the  oppo- 
sition of  the  State  Board." 

"It  isn^t  too  late  now,"  he  declared  very  heartily. 
"Come  right  in  and  see  me.  Come  to  n>y  office  in  the 
State  Houstf  at  4  o'clock." 

I  told  him  that  I  was  so  far  out  of  the  city  that  I 
could  not  reach  the  State  House  before  4:30  P.  M. 
He  set  the  date  for  our  conference  at  that  hour. 

I  made  haste  to  reach  Boston  on  time,  and  at  4:20 
was  at  the  State  House.  The  Governor  had  not  re- 
turned and  was  not  expected  back,  for  the  executive 
offices  were  deserted.  I  hunted  up  Henry  Berlin  in 
the  press  room,  and  we  talked  over  the  likelihood  of 
the  Governor's  return. 

While  we  were  in  conversation  on  the  stairs  over- 
looking the  entrance  to  the  executive  department, 
Governor  Foss  and  another  man  hove  in  sight.  They 
approached  the  rear  door  of  the  executive  offices, 
beside  the  elevator.  The  Governor  opened  the  door 
with  a  pass  key  and  entered,  with  his  companion. 

242  i 


THE  "PLEASANT   EASTER"   EPISODE 

After  a  moment  I  approached  the  door  and  knocked. 
It  was  some  time  before  I  was  admitted,  but  pres- 
ently the  man  I  had  seen  with  the  Governor  opened 
the  door  and  admitted  me.  I  sat  down  for  a  moment 
until  the  Governor  called  me  into  his  private  office. 

He  introduced  me  to  his  companion,  Daniel  J. 
Kiley,  and  asked  me  to  draw  up  my  chair. 

"This  man,  Archer,"  he  told  Kiley,  laughingly,  "is 
the  most  persistent  man  that  ever  came  before  the 
legislature." 

He  fairly  embarrassed  me  with  compliments  until 
I  came  back  at  him  with  this  remark:  "I  have  often 
heard  that  you  were  some  'jollier,'  Governor.  Now  I 
am  sure  of  it.  But  if  you  regard  me  so  highly  why 
don't  you  sign  my  bill  ?" 

Thereupon  we  launched  into  a  long  discussion  of 
the  measure.  No  man  could  have  exhibited  more  sin- 
cere and  earnest  attention  than  did  Governor  Foss. 
Every  objection  that  he  raised  I  answered  fully  until 
he  dismissed  it  as  of  no  further  concern  to  him.  I 
gave  him  a  history  of  the  school,  and  a  vivid  account 
of  how  we  had  been  treated  by  the  opposition  during 
the  legislative  contest.  He  expressed  his  surprise  and 
indignation,  especially  at  the  State  Board  of  Educa- 
tion, and  declared  that  he  was  going  to  give  them  a 
"call  down"  for  it. 

He  waxed  reminiscent  and  told  of  his  own  boyhood 
struggles,  which  gave  me  a  good  chance  to  remark  to 
Mr.  Kiley,  "Does  it  seem  possible  that  a  man  who  has 
been  through  such  experiences  would  veto  a  bill  that 
gives  a  poor  boy  a  chance  to  get  an  education?" 

Foss  laughed,  and  repeated  as  he  had  a  dozen  times 
during  the  interview,  "You're  going  to  win.    They  can't 

243 


THE   EDUCATIONAL   OCTOPUS 

stop  you.  You've  made  a  good  fight  and  you  deserve  to 
win." 

When  I  pressed  him  for  a  definite  answer,  he  evaded 
the  issue;  although  several  times  during  the  interview 
I  heard  him  say  over  the  telephone  that  he  was  still  con- 
sidering the  bill  and  was  then  "in  conference  with  Dean 
Archer." 

Our  interview  lasted  for  an  hour  and  a  half.  When 
I  rose  to  go  I  reminded  the  governor  that  the  next  day 
was  Easter  Sunday  and  that  my  sick  wife  (the  governor 
well  knew,  for  I  had  told  him,  that  she  was  near  nerv- 
ous breakdown  because  of  the  sudden  death  of  our  baby 
boy  a  few  weeks  before,)  would  be  greatly  cheered  if 
I  could  tell  her  that  Governor  Foss  was  going  to  allow 
our  bill  to  become  a  law. 

"It's  all  right,"  he  assured  me,  "you  go  home  and 
don't  you  worry." 

He  accompanied  me  to  the  next  room  where  I  had  left 
my  coat.  I  had  exhausted  every  means  of  securing  a 
direct  avowal,  but  now  I  made  a  last  attempt. 

"The  case  has  been  tried  twice  before  the  legislature 
of  Massachusetts  and  we  have  won  both  times.  Why 
not  let  this  second  verdict  stand?  If  you  have  vetoed 
the  bill,  governor,  withdraw  that  veto." 

I  hoped  thus  to  surprise  him  into  saying  that  there 
was  no  veto,  for  if  there  was  then  no  veto  in  existence 
it  was  too  late  to  file  one,  for  the  clerk's  offices  of  both 
branches  were  closed  and  had  been  for  hours. 

His  response  to  my  query  was  to  take  my  hand  in 
both  of  his  at  parting,  and,  with  "tears  in  his  voice,"  to 
assure  me  that  I  deserved  to  win;  he  was  proud  to 
know  me  as  a  man,  and  that  his  office  would  be  open  to 
me  at  all  times — come  when  I  would. 

244 


THE'  "PLEASANT  EASTER"  EPISODE 

I  pressed  him  again  for  a  definite  answer,  and  he 
assured  me  fervently  that  I  need  not  worry  at  the  out- 
come. 

I  hurried  home,  full  of  happy  assurance  that  the  long, 
nerve-wracking  contest  was  over.  All  the  evening 
newspaper  reporters  were  calling  me  to  learn  what  Foss 
had  said  to  me,  for  the  fate  of  the  bill  was  a  mystery 
that  excited  the  interest  of  every  Sunday  paper  in 
Boston. 

I  was  finally  assured  that  no  veto  had  been  filed  and 
that  the  Governor  had  gone  to  his  home  for  the  night. 

Sunday  morning  dawned — Easter  Sunday — and  a 
reporter  informed  me  that  he  had  talked  with  the  Gov- 
ernor by  telephone  and  had  been  assured  that  he  had 
not  vetoed  the  bill.  The  Boston  Sunday  Post  came 
out  with  the  following  article: 

LAW  SCHOOL  DEGREE  BILL  NOT  IVETOED 


Hard  Fought  Measure  Became  Law  At  Midnight. 


"The  bill  which  would  allow  the  SuflFolk  Law  School 
to  confer  degrees  has  probably  become  a  law.  The  Gov- 
ernor legally  had  no  longer  than  until  midnight  last 
night  to  file  a  veto  with  the  clerk  of  the  House.  At 
midnight  no  veto  had  been  filed. 

It  was  impossible  to  file  any,  because  Clerk  Kimball 
left  after  waiting  until  6  o'clock,  and  the  messengers  on 
duty  all  night  had  admitted  nobody  to  the  clerk's  office 
thereafter. 

In  order  to  file  a  veto  message  it  would  have  been 
necessary  for  one  to  force  an  entrance. 

245 


THE   EDUCATIONAL   OCTOPUS 

A  veto  had  been  expected  all  day,  but  the  governor 
was  in  conference  late  in  the  afternoon  with  Gleason 
L.  Archer,  Dean  of  the  Suffolk  Law  School,  and  held 
out  hope  that  the  bill  might  be  allowed  to  become  a  law. 

The  governor,  however,  refused  to  state,  when  he 
left  the  State  House  at  a  little  after  7  o'clock,  whether 
or  not  he  intended  to  allow  the  bill  to  become  a  law." 

The  article  then  went  on  to  give  a  history  of  the  two 
years  of  legislative  controversy  over  the  bill. 

The  article  was  widely  read,  for  at  intervals  all  day 
Easter  Sunday  I  received  congratulations  by  telephone 
from  students  and  friends  of  the  school.  It  was  a  day 
of  rejoicing  indeed — one  of  the  very  happiest  days  of 
my  life.  The  name  of  Foss  was  no  longer  hateful  to  me. 
I  had  forgiven  him  amply  and  fully  for  all  the  heart- 
ache and  sorrow  he  had  given  me  the  year  before.  I 
told  myself  that  it  was  better  to  have  the  contest  end 
as  it  had  than  to  have  won  in  191 2. 

Then,  because  my  gratitude  to  the  governor  was  so 
great,  I  arose  early  Monday  morning  in  order  that  I 
might  call  upon  the  governor  in  person  at  the  beginning 
of  his  day  at  the  State  House  to  express  my  fervent 
thanks.  It  was  early  when  I  reached  the  State  House, 
so  I  proceeded  to  the  City  Press  Room  to  exchange  con- 
gratulations with  Henry  Berlin  and  to  thank  him  for  his 
long  continued  zeal  in  behalf  of  the  school. 

But  to  my  utter  amazement  I  found  him,  not  over- 
flowing with  enthusiasm  as  I  had  expected,  but  in  a  state 
of  extreme  agitation.  He  grasped  my  hand  and  in  a 
torrent  of  oaths  and  imprecations  conveyed  the  aston- 
ishing intelligence  that  I  had  been  the  victim  of  a  fiend- 
ish hoax — that  Foss  had  secretly  vetoed  the  bill  two 
hours  before  my  interview  with  him  on  Saturday. 

246 


THE'  "PLEASANT  EASTER"   EPISODE 

So  stunning  was  the  blow  that  I  could  not  believe  hinr. 
Not  until  I  had  seen  the  veto  message  in  the  hands  of 
Clerk  Kimball  of  the  House,  could  I  be  brought  to 
believe  that  a  veto  existed.  Even  then  I  refused  to 
credit  that  it  was  there  with  the  governor's  acquiescence. 
It  must  be  the  work  of  some  of  our  enemies — the  gov- 
ernor had  changed  his  mind  after  signing  it  and  it  was. 
filed  without  his  knowledge.  I  hurried  to  the  governor's 
office,  but  the  attendants  informed  me  that  he  had  not 
arrived. 

So  I  paced  the  corridors  in  a  tumult  of  emotions, 
trying  in  vain  to  fathom  the  mystery.  Somebody  in- 
formed me  that  the  governor  was  in,  despite  the  report 
I  had  heard.  I  returned  and  demanded  an  audience  with 
the  governor.  While  the  attendants  were  making  the 
excuse  that  he  was  too  busy  to  see  me,  I  caught  sight 
of  the  governor  as  he  passed  an  inner  door  and  before 
the  astonished  clerk  knew  what  had  happened  I  had 
"sailed"  past  him  and  was  confronting  the  governor. 

Foss  started  violently  when  he  saw  me,  but  instantly 
recovering  his  self  possession,  rushed  up  to  me  and 
passed  his  arm  lovingly  through  mine  and  marched  me 
down  to  the  window  that  overlooks  the  State  House 
grounds.  We  were  in  the  long  corridor-like  office 
between  the  outer  office  and  the  council  chamber. 
Foss  stood  beside  me  making  believe  look  out  of  the 
window. 

"Governor,"  I  began,  "I  have  just  heard  that  a  veto 
of  our  bill  has  been  filed  with  Clerk  Kimball." 

He  chuckled  gleefully  and  replied,  "Well,  the  strangest 
things  do  happen  around  this  State  House." 

"Can't  you  call  it  back,  governor?" 

He  laughed  some  more  and  said,  "No,  I  can't  call  it 
back." 

247 


THE  EDUCATIONAL   OCTOPUS 

"But,"  persisted  I,  "if  it  got  in  there  by  mistake  it  is 
not  in  law  a  veto.    You  can  call  it  back." 

"It  didn't  get  in  there  by  mistake.    I  sent  it  in." 

"You  sent  it  in  there!"  I  cried,  just  beginning  to  see 
the  truth.  "You  sent  it  there  two  hours  before — two 
hours  before  our  interview.  Why  didn't  you  tell  me 
Saturday  night?" 

"If  you  wanted  to  see  me  I  had  no  objections,"  he 
chortled. 

"For  God's  sake,  governor,"  I  burst  out,  "how  could 
you  do  such  a  thing!" 

"I  wanted  you  to  have  a  pleasant  Easter  Sunday,"  he 
cried,  and  laughed  himself  purple  in  the  face. 

What  I  said  after  that  I  have  no  clear  recollection. 
The  desire  to  plant  my  fist  on  his  ugly  mouth  was  an 
almost  overmastering  passion.  Perhaps  he  saw  some- 
thing of  it  in  my  face,  for  he  turned  upon  me  with  a 
face  of  such  malignant  hate  as  I  never  beheld  in  any 
other  human  countenance,  and  cried  out  in  tones  of 
menace,  "Now  don't  make  a  fool  of  yourself.  You 
deserve  to  get  licked.  You've  got  it  in  the  neck.  Now 
don't  squeal." 

It  is  a  matter  of  pride  to  me  now  that  I  got  out  of  the 
governor's  office  without  having  committed  a  breach 
of  the  peace. 


248 


"PITILESS    PUBLICITY" 


CHAPTER  LIII. 

"Pitiless  PubUcity." 

My  intense  indignation  at  the  treatment  I  had  re- 
ceived was  by  no  means  lessened  when  I  reported  the 
occurrence  to  the  newspaper  men  in  the  City  Press 
room. 

"Give  out  a  statement  to  the  press,  give  him  his 
own  'Pitiless  Publicity'  " — (that  had  been  a  campaign 
slogan  of  his) — urged  Mr.  Berlin,  and  the  others 
joined  in  the  request. 

They  argued  that  it  would  be  a  public  service  to 
show  the  people  just  the  sort  of  man  they  had  placed 
in  the  governor's  chair.  They  related  other  stories  of 
outrageous  duplicity  of  which  the  governor  had  been 
guilty,  but  which  had  never  come  to  light. 

They  besought  me  to  dictate  a  statement.  The  late 
Mr.  Copeland  even  started  to  write  an  article  to  sub- 
mit to  me.  But  I  told  them  that  I  needed  time  to  re- 
cover my  self  possession  before  I  could  be  sure  what  it 
was  wisest  to  do. 

Leaving  the  State  House,  I  consulted  hurriedly  with 
my  friends  and  found  them  as  outraged  as  I  at  the 
governor's  conduct,  but  hopelessly  divided  on  the 
question  of  whether  I  should  issue  a  statement. 

One  of  them,  for  whose  political  sagacity  I  had  great 
respect,  pointed  out  to  me  that  if  I  issued  the  state- 

249 


THE   EDUCATIONAL   OCTOPUS 

ment,  although  it  were  perfectly  true,  it  would  be 
promptly  denied  by  the  governor  and  the  people  would 
take  his  word  rather  than  mine — that  I  would  be  the 
"goat"  and  the  school  permanently  injured. 

However,  I  consulted  others,  for  I  desired  greatly 
to  expose  the  astounding  treatment  I  had  received.  It 
was  General  Bartlett's  telephone  advice  that  turned 
the  scales  in  favor  of  exposure  of  the  governor.  When 
the  General's  first  explosion  of  rage  at  the  happening 
had  subsided,  he  said, 

"I  never  knew  telling  the  truth  to  hurt  anybody.  Go 
ahead  and  we'll  all  stand  by  you." 

The  die  was  cast.  I  locked  myself  into  my  office; 
refusing  even  to  answer  the  telephone  which  rang  in- 
sistently, and  addressed  myself  to  the  task  of  writing 
an  open  letter  to  the  legislature,  setting  forth  the 
treatment  I  had  received,  I  wrote  it  out  long-hand 
and  afterward  typewrote  it.  The  eager  newspaper  men 
had  supplied  me  with  a  book  of  "flimsy,"  (sheets  of 
tissue  paper  with  special  carbons  between),  so  that 
from  one  writing  on  the  typewriter  I  produced  a  dozen 
or  fifteen  copies. 

The  majority  of  these  copies  I  turned  over  to  Henry 
Berlin  for  distribution  to  the  State  House  reporters. 
Fortunately  for  me,  it  was  vacation  at  the  school  so  I 
went  home  and  to  bed  with  a  raging  headache. 

The  next  morning  I  was  almost  appalled  at  the  sen- 
sation I  had  created.  Every  newspaper  that  I  could 
put  my  hands  on  had  my  story  in  conspicuous  form. 
It  was  the  big  feature  of  the  day.  The  story  in  the 
Globe  had  four  headings. 


250 


"PITILESS    PUBLICITY" 


SAYS  FOSS  DEGEIVED-ARGHFIi  IITES 
LEGISLAIOIIS.   GONFERIiED  WITH 
|--yETO  ALREADY  IN.  GOV- 
ERNOR WANTEO  TO  "GIVE 
A  PLEASANT  EASTER" 


Other  newspapers  throughout  the  state  took  up  the 
story  and  it  at  once  became  a  state-wide  sensation, 
destined  to  have  far  reaching  results,  as  will  be  seen 
hereafter.  In  this  connection,  therefore,  I  will  offer 
the  letter  exactly  as  it  was  published  in  the  news- 
papers, March  25,  1913. 

"To  the  Members  of  the  Legislature : — 

I  invite  your  attention  to  the  conduct  of  Governor 
Foss  with  reference  to  the  Suffolk  Law  School  veto. 
The  students  of  the  school  had  petitioned  the  governor 
for  a  hearing  on  the  bill,  but  no  hearing  was  granted. 
Saturday  last  at  half  past  two  in  the  afternoon,  I  talked 
with  the  governor  over  the  telephone  and  expressed 
my  earnest  desire  to  be  heard  on  the  bill  before  he 
took  action.  He  invited  me  most  cordially  to  meet 
him  at  the  State  House  at  four  o'clock.  I  told  him 
that  as  I  was  out  of  town  it  might  not  be  possible  to 
reach  his  office  at  four,  so  he  set  the  time  at  half  past 
four.  I  met  the  governor  at  his  office  at  the  time 
stated  and  there  was  a  Boston  man  present  at  our  in- 
terview, which  lasted  for  nearly  an  hour  and  a  half. 

251 


THE   EDUCATIONAL   OCTOPUS 

The  governor  discussed  the  case  at  length,  and  seemed 
to  be  sincerely  endeavoring  to  reach  a  conclusion. 

"I  did  not  know  at  the  time  that  he  had  already  ve- 
toed the  bill — that  he  had  sent  his  message  to  the 
clerk's  office  before  inviting  me  to  meet  him — that  he 
was  practicing  a  cruel  deception  upon  me.  While  he 
made  no  promises,  he  certainly  gave  me  the  impression 
that  he  would  act  favorably.  After  I  reached  home  in 
the  evening  I  was  called  up  on  the  telephone  by  news- 
paper reporters  who  informed  me  that  the  governor 
had  gone  home  and  that  the  bill  had  not  been  vetoed. 
Sunday  morning  a  reporter  informed  me  that  he  had 
just  talked  with  the  governor  over  the  telephone,  and 
that  he  had  declared  that  he  had  let  the  bill  pass  and 
that  it  was  already  a  law. 

"So  after  receiving  congratulations  innumerable  on 
the  success  of  the  measure,  and  a  day  of  happy  assur- 
ance that  our  two  years  of  bitter  contest  were  ended,  I 
was  dumfounded  to  learn  this  morning  that  it  was  all 
a  cruel  hoax,  perpetrated  by  the  man  who  has  three 
times  been  honored  by  the  people  of  this  common- 
wealth by  the  highest  office  in  their  gift. 

"When  I  called  at  Governor  Foss'  office  this  morning 
he  gloated  over  the  trick  he  had  played  and  declared 
that  he  merely  wanted  to  give  me  "a  pleasant  Easter 
Sunday."  Ye  Gods !  A  pleasant  Easter  Sunday.  But 
what  of  Monday? 

"Why  did  Governor  Foss  invite  me  to  see  him  when 
he  had  already  vetoed  the  bill,  and  put  me  to  the 
trouble  of  making  the  trip  to  Boston?  Why  did  he 
give  me  a  hearing  from  half  past  four  to  six  o'clock  when 
one  little  word  would  have  ended  it  all?  Why  did  he 
tell  the  newspaper  reporters  that  the  bill  was  a  law? 

252 


"PITILESS   PUBLICITY" 

Because,  forsooth,  he  desired  that  I  should  have  a 
pleasant  Easter  Sunday! 

"Do  you,  as  a  member  of  the  legislature,  approve 
such  conduct?  I  know  you  do  not,  but  will  you  not 
manifest  your  disapproval  by  voting  to  pass  this  bill 
over  the  governor's  veto?  But  aside  from  the  personal 
matter — this  bill  has  been  enacted  by  two  successive 
legislatures.  We  all  believe  in  majority  rule.  Why 
should  the  will  of  one  man  be  allowed  again  to  set 
aside  the  carefully  considered  verdict  of  the  280  repre- 
sentatives of  the  people  of  Massachusetts? 
Very  truly  yours, 

Gleason  L.  Archer, 
Dean  of  Suflolk  Law  School. 

When  I  visited  the  State  House  on  March  25th,  I 
found  myself  the  object  of  considerable  attention.  The 
governor's  ears  might  well  have  burned  at  the  uncom- 
plimentary remarks  concerning  him,  voiced  to  me  by 
members  of  the  legislature  who  came  to  me  to  express 
their  sympathy — and  to  promise  vengeance  when  the 
veto  fight  should  come  on. 

Nor  were  these  expressions  confined  to  members  of 
the  legislature.  Everyone  at  the  State  House  who 
had  suffered  from  the  gubernatorial  jests,  now  saw  an 
opportunity  to  revenge  themselves  by  helping  to 
swell  the  tide  of  resentment  that  was  so  rapidly  rising. 

One  young  man  in  particular,  Walter  L.  McMenni- 
men,  State  House  legislative  agent  of  the  Locomotive 
Engineers,  came  to  me  and  introduced  himself. 

"I  never  have  taken  a  hand  in  anybody's  fight  but 
our  own,"  he  announced,  "but  if  I  can  help  you  to  put 
your  bill  over  Foss'  veto,  I  am  going  to  do  it." 

253 


THE   EDUCATIONAL   OCTOPUS 

He  then  related  a  similar  experience  that  his  organi- 
zation had  had  with  the  governor  on  the  "full  crew" 
bill  of  the  previous  year.  No  more  energetic  worker 
did  we  have  during  the  next  two  days  than  Mr.  Mc- 
Mennimen ;  and  it  was  a  time  when  the  fighting  blood 
of  every  friend  of  the  Suffolk  Law  School  was  at  fever 
heat.  We  were  all  on  the  battle  line  at  the  State 
House. 


254 


A  JOLT   FOR   THE  JOKER 


CHAPTER  LIV. 

A  Jolt  for  the  Joker. 

To  tell  the  truth,  I  did  not  entertain  very  much  op- 
timism at  the  outlook  for  victory  over  the  Governor 
in  the  House ;  for  a  two-thirds  vote  would  be  neces- 
sary, and  we  must  rely  largely  for  whatever  vote  we 
might  receive  upon  the  members  of  the  Governor's 
political  party — the  Democrats.  For  this  reason  on 
Wednesday  afternoon,  March  2,  191 3,  I  took  a  seat 
in  the  front  of  the  crowded  gallery,  rather  than  on 
the  side  lines  of  the  House  floor,  where  I  was  accus- 
tomed to  sit  when  a  battle  was  in  progress. 

A  sharp  debate  was  expected,  and  a  perfect  mob  of 
spectators  were  on  hand.  Nor  were  they  disap- 
pointed. Representatives  Griffin,  Murphy,  Green- 
wood and  E.  E.  McGrath  scored  the  Governor  in 
the  severest  language.  The  only  person  to  rise  in 
opposition  to  the  passage  of  the  bill  over  the  veto  was 
Haines  of  Medford,  who  openly  confessed  that  he 
deeply  resented  the  governor's  conduct  and  wished  • 
that  he  might  vote  accordingly. 

One  of  the  best  descriptions  of  the  debate  that  I 
saw  at  the  time  was  contained  in  the  New  Bedford 
Standard,  as  follows : — 

"Governor  Foss  came  about  as  near  repudiation  by 
the  members  of  his  own  party  as  is  possible  for  a  chief 
executive.     The  fight  on  passing  over  the  governor's 

255 


THE  EDUCATIONAL   OCTOPUS 

veto  the  bill  allowing  the  Suffolk  School  of  Law  to 
confer  degrees  became  purely  a  personal  issue,  and 
many  members  who  had  previously  voted  against  the 
bill  on  principle  voted  to  override  the  veto  simply  be- 
cause they  felt  that  the  governor  had  been  guilty  of 
practices  unbecoming  a  gentleman,  and  particularly 
the  chief  executive  of  the  Commonwealth. 

"It  was  stated  in  debate  on  the  floor  of  the  House 
that  the  governor  had  deliberately  misstated  facts, 
and  while  such  language  ordinarily  results  in  a  re- 
sounding whack  of  the  speaker's  gavel,  on  this  occa- 
sion it  passed  unnoticed  by  the  presiding  officer  and 
there  was  not  a  single  member  of  the  governor's  po- 
litical family  to  protest." 

The  roll  call  began.  I  endeavored  for  a  time  to 
keep  tally — a  somewhat  difficult  feat  even  for  one  who 
is  not  laboring  under  excitement  as  I  was  at  the  time. 
We  were  polling  a  heavy  vote  but  not,  I  feared,  suffi- 
cient for  success,  and  I  gave  up  the  attempt  to  keep 
tally. 

I  was  in  the  midst  of  as  excited  a  crowd  of  "fans" 
as  ever  gathered  at  a  ball  park,  and  I  was  comforted  to 
learn,  as  I  did  speedily,  that  they  were  violent  parti- 
sans of  my  side,  although  I  had  never  met  any  of  them. 

Groans  were  offered  on  every  occasion  when  a  group 
of  "yes"  votes  were  recorded,  and  chortles  of  laughter 
when  a  long  string  of  "Nos"  came  up  from  the  floor 
below.  When  they  began  to  exult  "we're  licking  him 
— we're  licking  him"  I  began  to  take  interest,  and  in- 
quired of  the  group  beside  me  how  the  vote  stood.  We 
had  two  thirds  and  one  vote  to  spare  at  the  moment, 
but  the  tide  turned  instantly  and  soon  we  lacked  half 
a  dozen  of  the  necessary  two-thirds.  This  was  but 
momentary,    however,    for    representatives    who    had 

256 


A  JOLT  FOR  THE  JOKER 

been  in  other  parts  of  the  building  came  flocking  in  to 
be  recorded,  and  nearly  every  vote  was  hostile  to  the 
governor.     Whereupon  the  "fans"  went  mad. 

Some  of  them  had  leaned  over  the  railing  and  peered 
down  into  the  portion  of  the  House  where  I  usually  sat, 
and  one  said  to  me,  "Why  isn't  he  here  today — he 
ought  to  be  here." 

"Who?"  I  asked. 

"Dean  Archer!" 

But  just  then  the  vote  was  announced.  We  had  won 
by  a  vote  of  155  to  67.  Forgetting  its  dignity,  the 
House  cheered.  The  gallery  was  wild  with  enthusi- 
asm. Certain  newspaper  men  from  the  press  gallery 
began  a  frantic  gesticulation  for  me  to  meet  them  out- 
side in  the  corridor. 

This  revealed  my  identity  to  the  gallery  in  which  I 
sat.  When  I  arose  and  went  hurriedly  out,  the  crowd 
was  cheering  me  to  the  echo. 

We  had  inflicted  heavy  chastisement  upon  the  gov- 
ernor, and  the  gloom  of  Easter  Monday  was  quite  for- 
gotten. 


257 


JHE   EDUCATIONAL   OCTOPUS 


CHAPTER  LV. 

!  The  Governor  at  Bay. 

It  is  but  natural  for  people  in  general  to  espouse  a 
cause  after  a  victory  has  been  won.  Our  victory  in  the 
House  certainly  brought  out  hosts  of  friends.  A  clip- 
ping bureau,  that  had  been  engaged  during  our  legis- 
lative fight,  now  began  to  bombard  me  with  bulky  en- 
velopes of  clippings  from  newspapers  all  over  the  state. 

News  items  and  editorials  came  pouring  in,  and  the 
;^reat  majority  of  them  took  my  side  of  the  contro- 
versy. It  would  be  an  unwarranted  use  of  space  in 
this  volume  to  attempt  even  a  summary  of  these  items 
.and  editorials,  for  I  have  a  large  scrap  book  full  of 
them. 

The  remarkable  change  of  tone  of  the  leading  news- 
papers toward  the  governor  now  roused  his  political 
enemies  to  a  sense  of  the  opportunity  to  rid  the  party 
of  his  unwelcome  leadership. 

Even  on  March  26,  the  morning  before  the  veto 
contest,  the  Boston  Herald  had  declared  at  the  close 
of  a  long  and  bitter  editorial  arraignment  of  the  gov- 
ernor : 

"It  is  not  the  first  time  that  men  of  repute  and  prom- 
inence have  been  the  victims  of  the  governor's  curious 
taste  in  joking.  *  *  *  We  respectfully  suggest  to  Gov- 
ernor Foss  that  before  he  makes  further  arrangements 

258 


THE  GOVERNOR   AT   BAY 

to  obtain  a  fourth  cup  of  tea,  he  mend  his  ways  in  the 
matter  of  joking.  The  hilarity  following  his  official 
ventures  into  fun  making  is  altogether  one-sided." 

But  the  most  significant  political  prophecy  of  that 
period  was  voiced  by  the  Fall  River  Globe  of  March 
29,  1913,  a  prophecy  that  months  later  was  strikingly 
fulfilled. 

"Governor  Foss  has  undoubtedly  seriously  injured 
his  chances  of  securing  a  re-nomination  at  the  hands 
of  his  party." 

After  discussing  the  facts  of  the  "Pleasant  Easter" 
episode,  the  editorial  concludes : 

"The  conviction  is  growing  every  day  that  if  Foss 
runs  for  governor  again  next  fall,  he  will  be  forced  to 
do  so  without  any  organized  party  behind  him." 

Ex-Mayor  John  F.  Fitzgerald  of  Boston  was  the 
first  Democratic  leader  to  openly  break  away  from  the 
governor.  In  his  "Republic"  he  commented  thus  upon 
his  former  chief: 

"Governor  Foss  certainly  got  himself  in  bad  in  his 
treatment  of  Dean  Archer  of  the  Suffolk  School  of 
Law  on  the  question  of  his  signature  to  the  bill  which 
passed  the  legislature  giving  the  school  the  right  to 
confer  degrees.  Unfortunately  for  the  governor  this 
is  not  the  first  time  he  has  done  like  things,  though 
they  have  not  gotten  the  publicity  that  this  last  inci- 
dent has  received.  People  that  know  Governor  Foss 
the  longest  and  the  best  cannot  explain  his  peculiar 
point  of  view  on  many  matters.  He  will  turn  down 
his  best  friends  and  those  closest  to  him,  and,  slapping 
his  hands  upon  his  knees,  assure  them  that  they  are  all 
right,  and  that  the  thing  that  he  is  doing  is  the  best 
thing  for  them.    He  does  not  hesitate  to  say  things  to 

259 


.THE  EDUCATIONAL  OCTOPUS 

people  and  24  hours  afterward  to  say  the  opposite 
thing.    Dean  Archer  makes  the  statement : 

"  'When  I  called  at  Governor  Foss'  office  this  morn- 
ing he  gloated  over  the  trick  he  had  played  and  de- 
clared that  he  wanted  to  give  me  a  'pleasant  Easter 
Sunday.'  Ye  Gods!  a  pleasant  Easter  Sunday — but 
what  of  Monday?' 

"This  is  not  a  statement  that  a  man  who  thought 
himself  fitted  for  the  Presidency  should  feel  proud  of." 

But  the  most  caustic  editorial  of  all  was  that  of  the 
Boston  Sunday  Herald,  March  30,  1913: 

WHY  THIS  COMMOTION? 

"It  is  extraordinary  the  attention  now  given  by  press 
and  public  to  the  commonplace  and  undramatic  ex- 
perience of  Dean  Archer  of  the  Suffolk  Law  School 
with  Governor  Foss.  Even  the  phrase,  'I  wanted  you 
to  feel  happy  over  Easter,'  which  his  excellency  subse- 
quently used  in  explaining  to  the  Dean  why  he  had  so 
elaborately  misled  him  as  to  the  situation,  has  passed 
into  current  slang.  The  man  on  the  street  introduces 
a  project,  jocular  or  otherwise,  for  getting  the  better 
of  his  associate  with  the  words,  'I  wanted  you  to  feel 
happy  over  Easter.'  This  sentence  has  become  the 
countersign  of  the  'Flim  Flammer.'  *  *  *  Associates 
of  Governor  Foss  have  given  way  to  no  extreme  emo- 
tions of  surprise  over  the  episode.  They  merely  said 
'Why  not?'  and  then,  when  they  had  occasion  to  tell 
how  Smith  'did'  Jones  in  a  horse  trade,  they  have 
made  the  point  clear  by  saying  that  the  former  wanted 
Jones  to  be  'happy  over  Easter.'  Thus  our  language 
grows !  Thus  its  phrases  ripen  into  new  meaning.  *  * 
It  is  now  nearly  half  a  century  since  Massachusetts 

260 


THE  GOVERNOR  AT   BAY 

has  g^ven  a  governor  more  than  three  terms.  That 
governor  was  the  sainted  John  A,  Andrew." 

It  is  small  wonder  that  Governor  Foss  took  great 
alarm  at  the  storm  I  had  raised  about  his  head — a 
storm  that  started  the  landslide  which  so  effectually 
buried  him  a  few  months  later.  When  my  story  had 
been  gfiven  out  to  the  press,  he  was  only  mildly 
amused.  In  the  words  of  the  Globe  on  the  morning 
my  statement  first  appeared: 

"When  the  governor  heard  of  Dean  Archer's  com- 
munication to  the  members  of  the  House  on  the  sub- 
ject he  only  smiled." 

The  smiling  stage  was  now  past,  however,  and  the 
governor  was  bending  every  power  of  his  office  to  de- 
feat the  bill  in  the  Senate  and  thus  to  vindicate  him- 
self.   All  his  political  lieutenants  were  at  work. 

When  the  veto  came  up  in  the  Senate  it  was  re- 
peatedly postponed,  a  ruse  to  gain  time.  One  by  one 
our  friends  were  whipped  into  line  with  the  governor. 
One  of  the  very  senators  who  had  spoken  most  elo- 
quently for  our  bill  was  now  openly  proclaimed  in  the 
newspapers  as  leading  the  fight  against  the  bill.  An- 
other who  had  been  very  loyal  in  support  of  the  bill 
for  two  years  was  chosen  by  the  governor  to  read  a 
grossly  untruthful  eleventh-hour  statement  to  influ- 
ence the  vote  in  the  senate. 

So  even  before  the  day  of  decision  in  the  senate,  I 
was  painfully  aware  that  the  veto  would  be  sustained. 


261 


THE  EDUCATIONAL   OCTOPUS 


CHAPTER  LVI. 

Exit  Governor  Foss. 

On  April  i,  1913  the  veto  contest  took  place  in  the 
senate.  The  governor's  forces  had  evidently  an- 
swered "ready."  The  prearranged  plan  of  action  was 
now  to  be  carried  out.  But  the  governor  was  quite 
evidently  taking  no  chances  on  the  result;  for  his 
"political  secretary,"  George  Harlow,  came  into  the 
Senate  chamber  at  the  beginning  of  the  session  and 
stood  near  the  messengers'  desk,  as  though  to  witness 
the  delivery  of  the  vote. 

This  action  so  incensed  Senator  James  H.  Brennan 
of  Charlestown  that,  in  the  course  of  the  debate,  he 
paid  his  respects  to  the  governor  in  a  burst  of  fiery 
denunciation,  for  "sending  his  representative  into  the 
senate  chamber." 

Senator  Allen  opened  the  debate  for  the  school ;  and 
his  efforts  were  ably  supported  by  Senators  Brennan, 
McCarthy,  Bagley  and  Garst.  Those  who  spoke 
against  the  measure  were  Senators  Stearns,  Fisher  and 
Quigley.  It  was  Senator  Quigley  to  whom  the  gov- 
ernor had  intrusted  the  mission  of  reading  a  personal 
letter,  which  declared  that  my  statement  was  "a  des- 
perate fabrication  contrived  and  circulated  for  the  ob- 
vious purpose  of  affecting  legislation." 

The  vote  was  taken,  aiid  six  of  the  Democratic  Sen- 
ators were  now  against  us.    One  Democrat  senator  who 

262 


EXIT   GOVERNOR   FOSS 

voted  with  us,  Thomas  M.  Joyce,  came  from  a  sick 
bed  to  register  his  rebuke  of  the  governor.  The  vote 
was  14  to  21  and  the  Governor's  veto  was  sustained. 

But  the  governor's  letter  had  now  added  a  new 
chapter  to  the  "Pleasant  Easter"  controversy.  On  the 
following  morning  the  newspapers  were  full  of  it. 
The  Globe  devoted  nearly  half  the  first  page  to  the 
matter,  with  my  picture  in  a  very  conspicuous  display. 

GOVERNOR  FOSS  GIVES  LIE  TO  DEAN  G. 
L.  ARCHER. 

STATE  SENATE  KILLS  SUFFOLK  LAW 
SCHOOL  BILL  BY  SUSTAINING  VETO  BY 
VOTE  OF  14  TO  21. 

QUIGLEY  OF  HOLYOKE  MADE  OFFICIAL 
SPOKESMAN  TO  THE  BODY. 

PUBLISHED  VERSION  OF  INTERVIEW  IS 
FLATLY  DENIED  BY  LETTER. 

HEAD  OF  INSTITUTION  INVOLVED  RE- 
TORTS THAT  ACTION  OF  EXECUTIVE  WAS 
COWARDLY  AND  IN  BAD  FAITH. 

Then  followed  a  long  article  summarizing  the  entire 
controversy,  and  giving  the  governor's  statement  and 
mine. 

But  the  report  of  the  matter  in  the  Boston  Traveler 
of  that  date  had  all  other  papers  outdistanced  for  spec- 
tacular handling.  Almost  the  entire  front  page  was 
devoted  to  the  affair.  In  a  large  horizontal  panel 
across  the  top  of  the  page  they  had  placed  my  picture 
on  one  side,  with  the  governor's  on  the  other ;  and  be- 
tween us  were  two  articles,  "What  Gov.  Foss  said  of 
Dean  Archer,"  and  below  it,  "What  Dean  Archer  says 
of  Governor  Foss." 

263 


THE  EDUCATIONAL  OCTOPUS 

In  order  that  the  reader  may  fully  comprehend  the 
exact  situation,  the  Foss  letter  and  my  reply  are  here- 
with printed  in  full. 

GOV.  FOSS'  LETTER. 

"Dear  Senator : — A  public  official  cannot  deny  every 
erroneous  report  concerning  his  public  or  private  acts, 
and  it  is  my  general  rule  to  pay  no  attention  to  such 
matters.  When,  however,  a  personal  statement  that 
is  at  every  essential  point  a  pure  fabrication  is  sent  to 
members  of  the  Legislature  for  the  obvious  purpose 
of  influencing  the  vote  on  an  important  public  ques- 
tion, it  becomes  necessary  to  take  cognizance  of  a 
matter  otherwise  unworthy  of  attention. 

"On  Saturday,  March  22,  Dean  Archer  of  the  Suf- 
folk Law  School  asked  for  an  interview  in  order  that 
he  might  make  a  statement  concerning  his  case.  I 
therefore  arranged  to  see  him,  and  in  the  interview 
went  over  the  entire  matter.  I  did  not  tell  him  in  ad- 
vance of  the  reading  of  the  veto  message  to  the  Legis- 
lature that  I  had  vetoed  the  bill,  but  the  entire  con- 
versation, like  others  I  had  the  same  day  with  other 
advocates  of  the  bill,  proceeded  upon  the  assumption 
that  it  was  my  intention  to  veto  the  measure.  Almost 
the  last  words  of  Mr.  Archer  as  he  left  the  office  were : 
'The  Legislature  has  passed  the  bill  twice.  Won't 
you  recall  the  veto  and  let  it  go  by?'  My  recollection 
on  this  point  is  confirmed  by  a  gentleman  who  was 
present  during  the  interview. 

"Mr.  Archer's  statement  concerning  the  interview  of 
Saturday  is  therefore  incorrect  at  every  point.  In  his 
futher  statement  that  I  told  the  newspapers  that  the 
bill  had  become  a  law  he  is  also  wrong.    The  news- 

264 


EXIT  GOVERNOR  FOSS 

paper  representatives  were  told  before  my  office  closed 
for  the  day  that  no  statement  concerning  my  action 
would  be  made  until  Monday,  The  same  announce- 
ment was  made  from  my  home  Saturday  evening  in 
reply  to  repeated  telephone  calls.  Mr.  Archer's  further 
statement  about  our  interview  on  Monday  morning 
is  as  incorrect  as  the  others.  Since  he  received  on 
Saturday  no  intimation  of  an  intention  to  allow  his 
bill  to  become  a  law  there  could  have  been  no  point  in 
the  poor  jest  he  attributes  to  me. 

"This  statement  I  issue  not  for  personal  reasons, 
but  in  order  to  counteract  the  effect  of  a  desperate 
fabrication  contrived  and  circulated  for  the  obvious 
purpose  of  affecting  legislation.  The  concurrent 
opinion  of  the  State  Board  of  Education,  the  Massa- 
chusetts Bar  Association  and  the  Boston  Bar  Associa- 
tion is  against  the  proposed  measure;  and  the  frantic 
attempt  to  win  sympathy  by  a  false  statement  con- 
cerning an  interview  in  this  office  should  convince 
every  one  that  it  is  unwise  to  confer  further  powers 
upon  the  institution  in  question. 

"Yours  very  truly, 

"EUGENE  N.  FOSS." 

MY  STATEMENT: 

"Gov.  Foss  in  his  letter  to  Senator  Quigley,  which 
the  latter  read  in  the  Senate  yesterday  before  the  vote 
on  the  Suffolk  Law  School  veto  was  taken,  asserts 
that  my  letter  to  the  members  of  the  Legislature, 
March  24,  was  'at  every  essential  point  a  pure  fabri- 
cation.' Every  word  contained  in  my  letter  was  ab- 
solutely true,  and,  in  spite  of  his  outrageous  asser- 
tion, the  Governor  himself  admits  the  truth  of  prac- 

26s 


THE  EDUCATIONAL   OCTOPUS 

tically  every  one  of  them  in  his  letter  to  Senator  Qnig- 
ley.  He  admits  that  he  'arranged'  to  see  me;  that  he 
did  see  me,  and  that  we  went  over  the  entire  matter, 
although,  as  he  alleges,  the  veto  had  already  been  filed 
two  hours  before. 

"These  are  the  material  points  of  my  statement  that 
the  Governor  characterizes  as  'a  pure  fabrication.'  He 
says  that  he  did  not  tell  the  reporter  Sunday  morning 
that  he  had  taken  no  action  on  the  bill,  yet  I  can  pro- 
duce the  man  and  he  will  take  oath  to  the  correctness 
of  his  statement.  He  says  that  my  statement  of  our 
interview  on  Monday  morning,  when  he  gloated  over 
me,  is  incorrect.  I  stated  then,  and  I  am  willing  to 
take  oath  to  the  fact  now,  that  he  explained  his  decep- 
tion by  saying  that  he  wanted  me  to  have  'a  pleasant 
Easter  Sunday.'  When  I  reproached  him  he  became 
abusive  and  said  among  other  things :  'You've  got  it 
in  the  neck.    Now  don't  squeal.' 

"It  is  significant  that  the  Governor  waited  for  eight 
days  before  replying  to  my  statement  and  then  had 
his  letter  read  to  influence  the  vote  of  the  Senate  just 
before  the  vote  was  taken,  and  when  I  could  not 
possibly  respond. 

"He  asserts  that  I  used  the  expression,  'Won't  you 
recall  your  veto?'  I  did  use  the  expression,  but  only 
after  I  had  exhausted  every  other  means  of  getting  a 
direct  reply.  I  hoped  thus  to  surprise  him  into  saying 
that  there  was  no  veto  in  existence.  His  response  to 
my  query  was  to  take  my  hand  in  both  of  his  at  part- 
ing and  with  'tears  in  his  voice'  to  assure  me  that  I  de- 
served to  win;  that  his  oflSce  was  open  to  me  at  all 
times — come  when  I  would.  I  pressed  him  again  for 
a  definite  answer  and  he  assured  me  fervently  that  I 
need  not  worry  at  the  outcome. 

266 


EXIT   GOVERNOR   FOSS 

"I  was  guileless  enough  to  believe  that  no  human 
being  could  be  guilty  of  such  hypocrisy,  especially 
after  he  had  assured  me  during  the  interview  that  he 
was  convinced  that  the  state  board  of  education  had 
used  the  school  shamefully  in  reporting  adversely 
without  having  investigated  the  school. 

"Were  it  not  for  the  fact  that  the  Governor's  charge 
that  T  had  falsified  in  my  statement  to  the  Legislature 
was  so  made  that  it  is  in  law  an  absolutely  privileged 
communication  I  would  sue  him  for  libel ;  but  as  it  is, 
I  must  submit  to  the  outrageous  insult  from  his  ex- 
cellency. 

"But  now  that  Gov.  Foss  has  started  to  explain 
things  at  all  I  wish  he  would  tell  the  public  how  he 
justifies  himself  for  twice  vetoing  our  school  charter 
when  he  is  himself  a  trustee  of  the  Y.  M.  C.  A.  law 
school,  the  rival  school  that  has  been  our  chief  op- 
ponent in  both  contests. 

"I  wish  he  would  explain  also  how  he  justifies  him- 
self for  being  trustee  of  a  school  whose  degree-grant- 
ing power  he  refers  to  in  his  veto  message  as  a  'wrong' 
that  should  not  be  repeated. 

"I  wish  he  would  explain  how  he  justifies  himself 
for  coercing  senatorial  support,  as  he  did  so  shame- 
lessly in  the  recent  contest  on  his  veto,  forcing  friends 
of  the  measure  to  vote  against  it,  contrary  to  their  in- 
clinations. Is  there  not  a  provision  in  the  constitution 
that  none  of  the  three  branches  of  the  government 
shall  usurp  the  functions  of  the  others?" 

For  some  days  there  were  echoes  of  the  personal 
issue  thus  raised;  but  of  the  editorials  that  came  to 
my  attention  each  took  my  side  of  the  controversy. 
The  one  most  pleasing  to  me,  however,  was  that  in 

267 


XHE  EDUCATIONAL  OCTOPUS 

the  Boston  Traveler-Herald,  April  4th,  entitled,  "Foss 
versus  Archer,"  a  portion  of  which  was  as  follows : 

"The  fact  remains  that,  in  a  public  statement,  the 
Governor  of  the  Commonwealth  was  charged  with  de- 
ceit and  unveracity  by  a  gentleman  with  whom,  less 
than  forty-eight  hours  before,  he  had  had  an  intimate 
discussion  by  appointment.  Instead  of  replying  as 
soon  as  the  charge  was  made,  the  governor  waited  for 
more  than  a  week,  and  then  wrote  a  personal  letter  to 
the  young  senator  from  Holyoke,  who  had  undertaken 
to  defeat  for  the  governor  a  measure  to  which  he  was 
very  much  opposed. 

"The  letter  to  the  average  man  did  not  represent  an 
indignant  repudiation  of  a  serious  charge  against  the 
Governor's  veracity  so  much  as  it  did  a  desperate  at- 
tempt to  undo  in  the  Senate  what  had  been  done  in 
the  House.  *  *  *  The  governor  should  take  to  heart 
his  experience  with  one  man  who  could  not  appreciate 
the  intellectual  processes  of  the  chief  executive  of  this 
commonwealth,  and  was  not  afraid  to  say  so." 

The  Chelsea  Gazette,  in  the  course  of  an  editorial  on 
the  Governor's  conduct,  expressed  its  convictions  in  this 
wise:  "There  is  no  man  so  dangerous  in  public  life  as 
the  trimmer;  you  can  watch  a  thief,  but  a  liar  is  beyond 
control." 

As  I  have  before  indicated,  this  controversy  had  far 
reaching  effects.  It  was  the  subject  even  of  anti-Foss 
poets.  The  Boston  Chamber  of  Commerce  in  its 
spring  "gambols"  dramatized  the  affair,  with  actors 
impersonating  the  governor  and  myself.  It  was  said 
to  have  been  the  "hit"  of  the  evening. 

But  as  a  political  weapon,  my  story  was  turned  upon 
Foss  in  the  following  autumn  with  telling  effect.  The 
words  of  the  Fall  River  Globe  had  come  true.     Foss 

268 


EXIT   GOVERNOR   FOSS 

was  running  for  re-election  as  an  independent,  without 
a  party  behind  him.  All  three  of  the  great  parties, 
Democrat,  Republican  and  Progressive,  each  fearing 
the  governor  as  much  as  their  regular  opponents,  were 
belaboring  him  with  might  and  main.  My  "Pleasant 
Easter"  letter  was  being  read  at  political  rallies  all 
over  the  State. 

When  the  votes  were  counted  in  the  state  election. 
Governor  Foss  had  received  but  twenty  thousand  as 
against  about  two  hundred  thousand  the  year  before. 
I  will  close  this  chapter  with  a  statement  that  ap- 
peared in  the  Boston  Globe  of  November  6,  1913: 

"It  is  to  be  feared  that  Dean  Archer  of  the  Suffolk 
Law  School  hasn't  a  forgiving  disposition.  He  quotes 
to  Governor  Foss  now  what  he  says  the  governor  said 
to  him  last  spring,  'You've  got  it  in  the  neck.  Now 
don't  squeal.' " 


269 


THE   EDUCATIONAL  OCTOPUS 


CHAPTER  LVII. 

The  Great  Victory. 

The  State  Election  of  1913  resulted  most  pleasingly 
for  the  school.  Not  only  did  David  I.  Walsh  win  the 
governorship  but  the  whole  Democratic  state  ticket 
was  also  elected,  including  Thomas  J.  Boynton,  presi- 
dent of  our  school  corporation,  as  attorney-general  of 
Massachusetts.  The  way  was  now  apparently  open 
for  the  Suffolk  Law  School  charter. 

The  school  itself  had  increased  to  a  total  attendance 
of  one  hundred  and  forty  students.  In  December  1913, 
we  tendered  a  grand  reception  to  our  new  attorney- 
general.  In  January  1914,  the  third  year  of  our  legis- 
lative contest  opened,  with  the  usual  preliminary  skir- 
mishes with  the  State  Board  of  Education. 

The  hearing  before  the  Committee  on  Education 
was  held  February  17th,  1914,  and  what  transpired 
there  was  well  summarized  in  the  Boston  Globe  of 
that  date,  from  which  the  following  is  quoted : 

SUFFOLK  LAW  SCHOOL  FIGHT  IS  ON  AGAIN. 

Atty.  Gen.  Boynton  Heard  In  Behalf  of  Bill. 
Petition  for  Right  to  Give  Degrees  Opposed  by  the 
State  Board. 
270 


THE   GREAT   VICTORY 

"The  fight  in  behalf  of  the  Suffolk  Law  School,  which 
seeks  the  right  to  grant  the  degree  of  bachelor  laws  to 
its  graduates,  was  resumed  again  at  a  hearing  this 
morning  before  the  committee  on  education.  This  is 
the  institution  made  famous  through  Ex-Gov.  Foss' 
controversy  with  Dean  Gleason  L.  Archer.  *  *  *  This 
morning's  hearing  was  made  especially  notable  by  the 
fact  that  Atty.  Gen.  Thomas  J.  Boynton  appeared  in 
behalf  of  the  bill  as  president  of  the  Board  of  Trustees  ; 
also  by  the  fact  that  a  senator  and  a  representative, 
who  last  year  were  against  the  measure,  came  before 
the  committee  to  say  they  wished  to  be  recorded  in 
favor.  Dr.  David  Snedden  of  the  State  Board  of  Edu- 
cation, spoke  in  opposition,  presenting  his  chief  argu- 
ments in  the  form  of  a  report  made  by  the  commission 
concerning  the  school  at  the  request  of  the  legislature. 
*  *  *  Representative  Haines,  who  in  previous  years  has 
opposed  the  institution  as  a  member  of  the  legislature, 
came  before  the  committee  to  say  that  this  year  he 
favors  the  passage  of  the  bill  because  the  school  has 
stood  the  test  and  has  proved  its  stability. 

Senator  Henry  J.  Draper,  who  last  year  voted  to 
sustain  the  governor's  veto,  announced  that  he  is  with 
the  institution  firmly  this  year," 

The  weakness  of  the  opposition  arguments  is  evi- 
dent from  the  following : 

"Chairman  Snedden  of  the  State  Board  of  Education 
said  the  board  does  not  pretend  to  pass  upon  the 
question  of  granting  degrees,  but  he  believed  the  com- 
mittee should  consider  the  matter  very  seriously,  as 
a  degree  means  that  the  State  indorses  a  man.  It  isn't 
a  question  of  the  poverty  or  the  wealth  of  the  appli- 
cant,  but  a  certificate  that  the  holder  of  a   degree 

271 


A 


THE  EDUCATIONAL  OCTOPUS 

possesses  certain  qualifications.  The  State  Board  of 
Education,  he  asserted,  takes  no  responsibility  for  the 
State  granting  the  power  to  give  degrees  to  the  Y.  M. 
C.  A.  Evening  Law  School  and  does  not  defend  it.  A. 
L.  Goodwin,  secretary  of  a  committee  of  the  Boston 
Bar  Association,  said  that  the  association,  as  the  re- 
sult of  its  investigation,  is  not  prepared  to  change  its 
attitude  in  the  matter  of  granting  the  Suffolk  Law 
School  the  power  asked. 
Hearing  closed." 

.  Of  the  legislative  contest  there  is  really  little  more 
to  tell.  From  this  time  forth  the  course  of  the  school 
charter  was  like  a  triumphal  march.  It  received  a 
unanimous  report  from  the  Committee  on  Education. 
It  passed  the  House  as  a  matter  of  parliamentary  rou- 
tine. In  the  Senate  it  bowled  over  the  opposition  to 
the  tune  of  26  to  9.    It  went  to  the  governor. 

I  took  no  chances  this  time.  When  the  bill  arrived 
from  the  senate,  I  had  so  arranged  it  that  Attorney- 
General  Boynton,  Secretary  of  State  Frank  J.  Dono- 
hue,  and  State  Treasurer  Frederick  W.  Mansfield, 
three  staunch  friends  of  the  school,  were  in  the  execu- 
tive office  to  urge  immediate  signing. 

Although  every  power  of  the  opposition  had  been 
exerted  on  Governor  Walsh  to  move  him  to  a  veto,  he 
signed  the  bill  in  the  presence  of  his  three  distin- 
guished colleagues  and  presented  the  pen  to  Represent- 
ative George  J.  Wall,  a  student  in  the  school,  who  im- 
mediately presented  it  to  me. 

I  did  not  personally  witness  the  last  act  in  the 
drama.  I  was  anxiously  waiting  in  the  outer  office — 
"Agony  Corner,"  as  it  has  so  aptly  been  dubbed  by  the 
newspaper   men.     My  first  knowledge   of  the  great 

272 


THE   GREAT   VICTORY 

event  was  when  Mr.  Wall,  suddenly  emerging,  execut- 
ed a  war  dance  in  my  presence,  flourishing  the  fateful 
goose-quill  pen  with  which  the  charter  had  been  signed. 

I  have  since  learned  that  when  the  governor  started 
to  affix  his  signature,  someone  suggested  that  I  be 
called  in  to  witness  the  act,  but  Mr,  Boyton  said, 

"No,  not  for  a  thousand  dollars  a  second  would  I 
stop  him  now  that  he  is  signing  the  bill,"  and  to  this 
sentiment  I  have  a  hundred  times  added,  "Amen," 

The  great  battle  was  over.  The  dream  of  my  life 
had  been  realized,  and  even  the  splendid  newspaper 
articles  of  congratulations  that  were  forthcoming 
could  not  add  to  my  happiness  in  this  hour  of  triumph. 

For  three  years  the  strangling  arms  of  the  Educa- 
tional Octopus  had  striven  mightily  to  crush  us,  but 
had  utterly  failed.  The  eager  efforts  of  boards,  com- 
mittees, associations  and  a  venomous  governor,  will- 
ing tools  of  the  great  octopus  (and  also  allied  with  the 
lesser  octopi  that  sought  to  profit  by  the  downfall  of 
our  school),  were  now  swept  aside  at  a  single  stroke 
of  a  pen. 

From  that  hour  the  Suffolk  Law  School  has  risen 
with  a  burst  of  prosperity  and  progress  little  short  of 
miraculous.  From  rented  quarters  in  Tremont 
Temple  in  1914,  it  has  established  itself  in  a  magni- 
ficent home  of  its  own  on  the  very  top  of  Beacon  Hill 
close  by  the  State  House,  To  that  home  it  has  now 
added  a  modern  fireproof  annex,  with  an  equipment 
equal  to  the  best  evening  law  school  in  America. 

But  that  is  not  half  the  story.  From  slightly  over 
one  hundred  students  in  March,  1914,  it  has  increased 
so  amazingly  that  now,  in  December,  1915,  we  have 
more  than  five  hundred  enthusiastic  and  loyal  students 

273 


THE  EDUCATIONAL  OCTOPUS 

in  regular  attendance — one  hundred  more  than  our 
old-time  rival  ever  had ! 

So  far  as  we  are  concerned  as  a  school,  therefore, 
the  incident  might  well  be  closed.  But  there  is  a 
broader  conception  of  duty.  Though  we  have  fought 
and  won,  the  State  and  all  things  educational  are  still 
strongly  held  in  the  all  enfolding  tentacles  of  the 
mighty  Octopus.  My  concluding  words,  therefore, 
shall  be  addressed  to  "Massachusetts  and  its  Master." 


274 


MASSACHUSETTS   AND  ITS   MASTER 


CHAPTER  LVIII. 

Massachusetts  and  Its  Master. 

The  hope  of  our  Nation  is  in  the  children,  especially 
in  the  children  of  the  working  man.  The  training  of 
children  for  the  business  of  life  is  the  most  important 
work  of  the  world,  as  our  forefathers  wisely  recog- 
nized. Any  organization,  therefore,  whose  positive 
ideal  (not  openly  professed  but  secretly  labored  for*) 
is  that  the  son  of  the  working  man  should  be  kept  in 
his  place — the  place  where  he  was  born ;  that  he  should 
be  denied  the  opportunity  to  compete  with  those  whose 
parents  could  surround  them  with  the  advantages  and 
luxuries  of  life,  is  an  organization  inimical  to  the  wel- 
fare of  the  State. 

That  the  men  who  compose  this  organization  are 
honest  in  their  intentions  I  have  no  doubt.     Bred  as 


*  Few  of  those  who  hold  such  views  are  as  outspoken  for 
their  ideal  as  a  speaker  at  the  opening  session  of  the  Massachu- 
setts Society  for  Mental  Hygiene  in  Ford  Hall,  Boston,  No- 
vember 17,  191 5,  Dr.  William  A.  White,  who  declared,  accord- 
ing to  the  press  reports,  "The  daughters  of  the  poor  who  go 
to  school  and  learn  a  little  algebra,  Latin,  history  and  music  are 
spoiled  for  their  positions  in  life  and  we  all  know  what  happens 
then.  They  are  too  good  for  their  positions  as  daughters  of  the 
poor  and  not  good  enough  for  anjrthing  else.  Education  in  this 
way  may  be  very  harmful., 

"This  is  also  true  of  the  child  who  is  born  to  be  a  brick 
layer.  It  is  all  nonsense  to  educate  him  above  it.  What  is 
needed  is  a  vocational  psychology.  Then  we  won't  educate 
people  to  be  something  that  they  never  can  be." 


THE   EDUCATIONAL  OCTOPUS 

they  have  been,  apart  from  the  struggling  masses  of 
humanity  and  out  of  touch  with  the  great  human  pulse 
of  the  world,  (or  if  born  in  poverty,  aping  the  aristo- 
crat), they  have  come  to  that  state  of  mind  that  gen- 
erations of  privilege  invariably  brings — the  belief  in 
the  divine  right  of  the  classes  to  think  for  and  control 
the  masses.  They  blindly  forget  that  the  giant  intel- 
lects and  the  mighty  men  of  the  past  have  come  from 
the  masses  which  they  seek  to  keep  down.  And  this 
repression  of  the  masses  and  the  creation  of  a  favored 
upper  class  is  the  very  spirit  that  has  spilled  the  life 
blood  of  every  nation  or  republic  of  ancient  times. 

Then,  if  that  organization  is  so  powerful  that  it  can 
impose,  as  it  is  even  now,  this  un-American  ideal 
upon  the  State  by  spreading  out  its  tentacles  to  grasp 
and  hold  in  its  control  the  school  system,  which  trains 
the  childhood  of  the  State;  the  State  Boards  of 
Examiners  for  admission  to  the  great  professions; 
the  educational  activities  of  associations  ostensibly 
formed  for  the  benefit  of  the  poor  and,  in  large  meas- 
ure, the  direction  even  of  organized  charities,  we  have 
an  organization  that  should  challenge  the  thoughtful 
attention  of  the  people  of  Massachusetts. 

It  is  a  thankless  task  to  point  out  the  organization 
— the  Educational  Octopus  of  Massachusetts,  around 
which  the  lesser  octopi  revolve — for  other  universities 
have  imbibed  its  spirit.  New  England's  superstitious 
reverence,  born  in  the  flesh  and  bred  in  the  bone,  for 
this  particular  organization  cannot  be  shaken  by  any 
words  of  mine.  It  will  doubtless  be  deemed  sacrilege 
on  my  part  to  attack  so  venerable  a  superstition. 
Many  years,  it  may  be,  before  the  people  will  fully 
awake  to  the  real  situation,  for  we  have  been  taught 
by  two  hundred  years  of  precedent  to  revere  as  the 

276 


MASSACHUSETTS   AND   ITS    MASTER 

crowning  glory  of  Massachusetts  the  "University 
across  the  Charles." 

The  State  has  given  this  spoiled  child  of  hers  mil- 
lions of  dollars  in  rebated  taxation.  Incalculable 
treasure  has  poured  into  her  coffers  from  private  giv- 
ers. And  now  the  child  of  the  State  has  come  to  re- 
gard itself  as  the  master  of  its  parent. 

Dyed-in-the-wool  aristocrats  from  Harvard  are 
placed  in  every  educational  position  of  importance  in 
the  State.  An  overseer  of  Harvard  and  a  Harvard 
College  professor  control  the  State  Board  of  Educa- 
tion, that  board  so  important  to  the  welfare  of  the 
State.  Is  there  not  in  their  present  industrial  educa- 
tional scheme  the  working  out  of  the  Harvard  ideal — 
the  training  of  immature  children  of  the  poor  to  follow 
in  the  occupations  of  their  parents? 

Harvard  professors  and  officials  are  distributed  in 
strategic  places  in  all  boards  and  commissions  having 
to  do  with  matters  of  education,  and  where  officials 
cannot  be  so  placed,  arrogant  sons  of  Harvard  are  sure 
to  be  found. 

But  wherever  you  find  them  in  such  places  of  re- 
sponsibility they  are  not  the  Harvard  progressives  but 
the  Harvard  reactionaries  with  their  contempt  for  the 
"cart  horses"  as  they  term  the  sons  of  the  working 
man,  and  their  belief  in  the  "divine  right"  of  the  let- 
tered artistocracy. 

To  be  sure  they  have  a  plausible  democracy  to  ex- 
press to  the  public;  but  when  you  have  occasion  to 
close  with  them  in  a  serious  contest,  where  teeth  are 
bared  and  private  opinions  blurted  out,  it  is  the  same 
story  of  sacred  rights  of  the  privileged  classes  that 
must  be  protected  against  the  assaults  of  the  boorish 
common  people. 

277 


THE  EDUCATIONAL  OCTOPUS 

This  is  strikingly  illustrated  in  their  dealing  with 
the  Suffolk  Law  School  charter.  The  University  itself 
did  not  fear  the  competition  of  my  school,  but  it  did 
view  with  alarm  the  prospect  of  Suffolk  graduates, 
self-made  men  with  a  native  wit  that  surpasses  any 
university  education  as  an  equipment  for  practice, 
coming  into  competition  with  the  spineless  aristocrats 
who  form  so  large  a  proportion  of  Harvard  Law 
School  graduates. 

So  this  mighty  educational  octopus  set  out  to  crush 
our  youthful  institution.  The  President  of  the  Univer- 
sity opposed  us  at  our  first  legislative  hearing.  We 
were  "investigated"  by  Harvard  overseers,  professors 
and  trusted  sons  of  Harvard;  and  when  all  their 
efforts  had  failed  with  the  representatives  of  the  peo- 
ple, they  went  to  the  governor  with  their  full  array 
of  Boards,  Associations,  Y.  M.  C.  A.'s  and  Harvard 
itself. 

When  one  sees,  as  I  did,  the  President  and  others 
from  Harvard,  vanishing  into  the  executive  offices  of 
the  governor  to  instruct  him  to  veto  legislation  twice 
enacted  by  the  representatives  of  the  people,  the  "in- 
visible government"  becomes  visible  and  the  meaning 
of  all  the  concerted  opposition  from  the  sons  of  Har- 
vard in  the  various  State  Boards  and  organizations  be- 
comes startlingly  apparent. 

There  is  too  much  "big  business,"  and  the  methods 
of  "big  business,"  in  educational  circles  in  Massachu- 
setts; but  when  an  educational  trust  reaches  out  for 
control  of  all  things  educational  in  the  State,  it  is' 
time  for  thoughtful  men  to  ponder  upon  it,  and  to  look 
up  the  antecedents  of  those  who  now  control  our  State 
Boards  and  associations. 

But  then What? 

278 


INDEX  OF  PERSONS. 

ALBERS,  Homer,  187,  226. 

ALLEN,  Claude  L.,  236,  237,  262. 

ALTMEYER,  A.  L.,  52. 

ARCHER,  Allen  F.,  73,  74. 

ARCHER,  Mrs.  G.  L.,  51,  52,  59,  62,  73,  139. 

ARCHER,  Hiram  J.,  15,  18,  26,  46,  51,  63,  64,  68. 

ARNOLD,  Miss  Sarah  L.,  222,  225. 

BAGLEY,  Edward  C.  R.,  262. 

BAILEY,  HoUisR.,  112,  114,   115,   121,  123,   134,  135, 

136. 
BAKER,  J.  Herbert,  182. 
BARTLETT,  Chas.  W.,  161,  162,    172,   173,   174,   180, 

198,  199,  208,  214,  218,  232,  250. 
BATES,  Sanford,  192. 

BENNETT,  John  A.,  ^6,  78,  79,  109,  155,  159,  160. 
BERLIN,  Henry  C.,  180,  181,  241,  242,  249,  250. 
BIGELOW,  Melville  M.,  29,  30,  31,  y6,  78  104. 
BOYD,  Prof.  A.  C,  79,  107. 
BOYD,  J.  Merrill,  29,  76,  78,  79. 

BOYNTON,  Thomas  J.,  77,  79,  82,  109,  no,  131,   155, 
159,  160,  172,  174,  198,  199,  208,  270,  271.  272,  273. 
BRENNAN,  James  H.,  262. 

279 


INDEX  OF  PERSONS 

BROWN,  Roland  E.,  51,  86,  87,  88,  loi. 

BRUCE,  Chas.  M.,  no. 

BUSH,  George  L.,  50. 

CARVER  &  BLODGETT,  35,  37,  41,  43,  46,  56,  60,  64. 

CAVANAGH,  James  P.,  166,  167. 

CHANDLER,  Webster  A.,  64,  120,  155. 

CHASE,  Chas.  N.,  50. 

CLARK,  Dr.  Ezra,  176,  181,  234. 

COLLAR,  Carl,  16,  21,  28,  48,  loi. 

CUMMINGS,  Francis  M.,  182. 

GUSHING,  Grafton  D.,  198,  204,  230. 

DAHL,  Ole  M.,  20,  21,  28,  48. 

DAHLBORG,  Edward  N.,  235.      . . 

DALY,  Frank,  121. 

DOLAN,  Arthur  W.,  no. 

DONOHUE,  Frank  J.,  272. 

DOUGLAS,  Geo.  A.,  37,  46,  50,  52,  58. 

DOWNES,  Frederick  O.,  64. 

DRAPER,  Henry  J.,  271. 

ELLSWORTH,  Geo.  L.,  77 > 

ENMAN,  A.  J.,  25. 

EVANS,  Wilmot  R.  Jr.,  155,  160,  161,  171,    172,    198, 
201,  208. 

FAHEY,  John  H.,  loi. 

FISH,  Frederick  P.,  222,  225,  228. 

280 


INDEX  OF  PERSONS 

FISHER,  Edward,  237,  262. 

FITZGERALD,  John  F.,  259. 

FITZGERALD,  Perdval,  19,  21. 

FLYNN,  Richard  R.,  184. 

FOSS,  Eugene  N.,  169,  206,  207,  208,  211,  212,  216,  221, 
240,  241,  242,  243,  244,  245,  246,  247,  248,  251,  252, 
255,  258,  259,  260,  261,  262,  263,  264,  268,  269. 

FROST,  George  A.,  35,  36,  45»  60,  63,  73,  74,  90,  91.  100, 

154. 
GARDNER,  George  E.,  20. 
GARST,  Julius,  262. 
GIBB,  Thomas  R.  P.,  122. 
GOLDEN,  Harry,  21,  25. 

GREENWOOD,  Fred  P.,  176,  180,  182,  186,  235,  255. 
GRIFFIN,  James  F.,  235,  236,  255. 

HAINES,  Benjamin  F.,  171,  172,  174,  175,  182,  183,  184, 
185,  192,  193,  199,  204,  205,  215,  234,  255,  271. 

HAMLIN,  Hannibal  L.,  51. 

HARLOW,  George,  262. 

HEALEY,  Robert  T.,  52. 

HINES,  Miss  Mary  A.,  109. 

HUNT,  John  H.,  182,  201. 

INNES,  Chas.  H.,  60,  61,  144,  145,  146,  147,  148. 

JOYCE,  Thomas  M.,  263. 

KILEY,  Daniel  J.,  243. 

LAWLER,  Chas.  S.,  235. 

281 


INDEX  OF  PERSONS 

LOMASNEY,  Martin  M.,  193,  194,  195,  196. 
LOWELL,  A.  Lawrence,  173,  175,  176,  177, 

MacFARLAND,  GrenviUe  S.,  241. 
MACK,  John  H.,  237. 
MacLEAN,  Arthur  W.,  63,  64,  66,  155. 
MANNING,  Benjamin  W.,  21,  25. 
MANSFIELD,  Frederick  W.,  272. 
MARDEN,  Oscar  A.,  82. 
McCarthy,  Charles  F.,  262. 
McELANEY,  James  A.,  182. 
McGRATH,  Edward  E.,  255. 
McMENNIMEN,  Walter  L.,  253,  254. 
MEINS,  Walter  R.,  186,  193,  205,  231. 
MORRILL,  Charles  H.,  182,  183,  186. 
MORRISON,  Andrew  H.,  51. 
MORSE,  Edward  T.,  171,  182. 
MOSTOWITZ,  Israel,  50,  51. 
MOULTON,  Forrest  B.,  51. 
MURPHY,  John  J,  235,  255. 

NASON,  Arthur  L.,  181,  182,  199,  201,  203. 

O'BRIEN,  James  F.,  50. 

O'CONNELL,  Charles  R.,  193. 

O'CONNELL,  Joseph  F.,  162,  172,  198,  199,  210,  241. 

282 


INDEX  OF  PERSONS 

PARKER,  Herbert,  179. 

PARKS,  Joseph  A.,  168,  169,  171,   181,   183,   184,   185, 

186,  192,  195. 
QUIGLEY,  Francis  X.,  262. 
QUINN,  Hugh  A.,  12,  21,  25,  76. 
RILEY,  Thomas  P.,  208. 
ROBINSON,  Sumner,  155. 
SHEPARD,  Harvey  N.,  no. 
SIMPSON,  F.  L.,  no. 
SMITH,  J.  J.,  25,  48. 

SNEDDEN,  David,  153,  173,  210,  211,  221,  222,  271. 
SNYDER,  Miss  Elizabeth  G.,  26,  38,  50. 
SNYDER,  H.  Rossiter,  109. 
SNYDER,  Rev.  Henry  S.,  26. 
SPEARE,  Frank  Palmer,  177,  187,  200,  201,  227. 
STEARNS,  Harry  N.,  202,  203,  216,  221,  236,  262. 
STINCHFIELD,  John  F.,  126. 
TALTY,  Thomas  L.,  21,  25,  51. 
THOMPSON,  William  G.,  210,  218,  219. 
TURNER,  Robert  N.,  167. 

VAHEY,  James  H.,  162,  163,  172,  174,  180,    189,    198, 
199,  210. 

WALL,  George  J.,  2^2,  273. 
WALSH,  David  I.,  239,  270,  272. 
WALZ,  WilHam  E.,  141. 
WASHBURN,  Robert  M.,  192,  193. 
WOOD,  Judson  I.,  182. 
WYMAN,  Henry  A.,  218. 
YORK,  A.  Chesley,  yy. 

283 


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